“Master of DUI Defense” -Matthew Ruff

Nationally recognized top-tier DUI defense attorney Matthew Ruff secured a total victory for a client facing a severe license suspension after successfully arguing that the state's chemical blood test evidence was entirely inadmissible.

The case, which involved an alleged Blood Alcohol Concentration (BAC) of .18%—more than double the California legal limit of 0.08%—culminated in a full set-aside of the administrative action against the driver's license.

As documented in the official California Department of Motor Vehicles (DMV) Driver Safety Office ruling (shown above), the respondent was initially arrested on October 26, 2000, for an alleged violation of Section 23152 of the Vehicle Code. The state subsequent to the arrest sought a lengthy suspension based on a chemical blood test showing a .18% BAC taken later that evening.

However, leveraging his deep technical mastery of forensic evidence and California's strict Title 17 regulations, Attorney Matthew Ruff identified critical systemic flaws in the prosecution’s evidence. Ruff aggressively argued that the chemical test results were unsworn and legally deficient because the lab had submitted uncertified documents, including the Kern County Regional Criminalistic Laboratory Report.

Crucially, Ruff demonstrated that the lab analyst who analyzed the blood sample failed to provide mandatory certification confirming they were trained in blood analysis, and failed to establish that the testing was conducted under the mandatory guidelines set by Title 17 of the Government Code.

Convinced by Ruff’s legal arguments, Driver Safety Officer Jesse Salazar ruled that the blood report was entirely inadmissible and could not be considered reliable evidence. Because the critical blood evidence was thrown out, the DMV officially determined that the preponderance of evidence did not support that the respondent was driving with a BAC at or above 0.08%, legally forcing the department to vacate the suspension.

"This case underscores a fundamental truth in DUI defense: a high blood alcohol reading on paper does not equal an automatic conviction," said Matthew Ruff. "The Constitution and California law require law enforcement and laboratories to adhere to strict scientific and legal protocols. When those standards are ignored or bypassed, the evidence is inherently unreliable, and we will fight to ensure it never sees the light of day in a court of law."

The victory reinforces Matthew Ruff’s reputation as a "Master of DUI Defense," illustrating his firm's strict commitment to protecting the constitutional rights and livelihoods of his clients through meticulous forensic and legal analysis.

About the Law Offices of Matthew J. Ruff

With over 30 years of dedicated criminal litigation and DUI defense experience, Matthew Ruff is a nationally recognized, top-tier defense attorney. Known for his expert understanding of breath and blood testing science, police procedures, and DMV administrative advocacy, Mr. Ruff provides aggressive, hands-on representation for clients throughout Southern California and Kern County.

Case Victory: How a "Rising BAC" Science Defense Saved a California Driver’s License

When you are arrested for a DUI in California, you face two separate battles: one in criminal court, and another with the California Department of Motor Vehicles (DMV) at an Administrative Per Se (APS) hearing. Many drivers mistakenly believe that a DMV suspension is automatic—especially when a chemical test comes back over the legal limit.

However, as veteran Southern California DUI defense attorney Matthew Ruff recently demonstrated, a combination of forensic science, precise timing analysis, and compelling expert testimony can dismantle the DMV’s case entirely.

In a recent APS hearing before the Van Nuys Driver Safety Branch, Attorney Matthew Ruff successfully secured a complete Set Aside (dismissal) of a license suspension for a client who blew a .09% on a Preliminary Alcohol Screening (PAS) test and later tested at a .11% BAC via a blood test.

Here is a breakdown of how this remarkable scientific victory was achieved.

The Facts of the Case

• The Stop: Law enforcement contacted the driver at approximately 11:50 PM following a report of erratic driving.
• The Symptoms: The arresting deputy noted objective symptoms of intoxication, including bloodshot and watery eyes, an unsteady gait, slurred speech, and unsatisfactory performance on Field Sobriety Tests (FSTs).
• The Alcohol Timeline: The driver’s last drink occurred at 11:30 PM—just 20 minutes before being pulled over.
• The Tests: A roadside PAS test yielded results of .09% and .09%. Later, an official blood draw taken at 1:18 AM returned a result of .11% BAC.

On paper, the DMV believed they had an open-and-shut case. The driver was clearly over the .08% legal limit at the time of the chemical test. But Matthew Ruff knew that what matters legally is the driver’s BAC at the exact time of driving, not hours later at the station.

The Strategy: The "Rising BAC" Defense

The cornerstone of Mr. Ruff’s defense was the scientific principle of retrograde extrapolation and the "rising blood alcohol" phenomenon.

When a person consumes alcohol, it takes time for that alcohol to be fully absorbed into the bloodstream. If a driver is pulled over shortly after drinking, their body is still absorbing the alcohol. This means their BAC will continue to rise for a significant period after they are stopped.

1. Harnessing Defense Expert Testimony

To prove this scientific reality to the DMV hearing officer, Matthew Ruff brought in forensic expert D. Beckner.

Expert Beckner testified that because the driver’s last drink was at 11:30 PM and law enforcement made contact at 11:50 PM, the driver was in a state of active alcohol absorption while behind the wheel. The upward trajectory from a .09% roadside PAS test to a .11% blood test taken nearly an hour and a half later clearly proved that the client’s BAC was actively rising.

By mathematically calculating the absorption rates backwards (retrograde extrapolation), the defense expert established that at the actual time of driving (11:50 PM), the client's true BAC was only between .04% and .05%—well below the legal limit of .08%.

2. Neutralizing the State’s Crime Lab Analyst

Faced with powerful scientific evidence, the DMV attempted to counter by bringing in its own expert witness: a forensic analyst from the Los Angeles County Sheriff’s Department Crime Lab.

However, under close scrutiny, the state's analyst was forced to admit that due to the client's documented drinking pattern (the 11:30 PM last drink), the alcohol was absolutely not fully absorbed at the time of driving. Because the state could not scientifically establish the client's BAC at the time of operation, the DMV's own expert was unable to provide a counter-opinion to dispute the defense.

The Verdict: Total Victory

Because Attorney Matthew Ruff successfully shifted the focus to the science of alcohol absorption, the DMV hearing officer was left with no choice but to rule in the driver's favor.

The DMV officially issued a Notification of Findings and Decision: Order of Set Aside, concluding:

"The administrative action against Respondent's driving privilege cannot be upheld... You were not driving a motor vehicle when you had .08% or more by weight of alcohol in your blood."

By aggressive utilization of expert witness testimony and an unyielding defense rooted in forensic chemistry, Matthew Ruff saved his client's driving privilege and successfully cleared their DMV record.

Facing a DUI in Southern California?

This case proves that a high blood test result does not mean your case is unwinnable. If you or a loved one has been arrested for a DUI, you need an attorney who understands the science of defense. Contact Matthew Ruff, Attorney at Law, today to protect your license, your livelihood, and your freedom.