Can an officer take away a driver's license or arrest an individual if their blood alcohol content does not exceed the legal limit?

I need more facts to answer this question.

California Vehicle Code Section 23152 has two parts a and b. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. In part a, the blood alcohol level does not matter. Under part (a) a driver can be charged and convicted with a blood alcohol level less than the legal limit.

Yes he can. You can be charged and convicted of DUI even if your blood alcohol level is below the legal limit.

No and yes. If so drunk can't care for themselves can be held civilly.

Yes, the blood alcohol is a factor but not determinative and it appears you were cited for drinking and driving based on your actions and demeanor. Get an attorney.

They can only confiscate your license if you are charged with a DUI or drunk driving offense. If you are an out of state driver they can hold it as a bond for traffic citations believe it or not.

If the evidential chemical rest is below the legal limit there is no legal authority to take the license. However, law enforcement may still think the suspect is impaired and place them under arrest and the person may still face criminal prosecution for diving under the influence. This is a common scenario for drug DUI cases.