Top Tier DUI Attorney Matthew Ruff Wins .09% Blood Case

Case Victory: How Attorney Matthew Ruff Secured a "Set Aside" in a High-Stakes DUI Case

When the stakes are high, the details matter. In a major win for his client, Attorney Matthew Ruff successfully challenged a DUI license suspension by exposing critical procedural errors made by law enforcement.

The Challenge: A 0.09% BAC Result

The client was arrested under Vehicle Code Section 23152 after a blood test recorded a 0.09% B.A.C.  On the surface, the case seemed straightforward for the DMV—until Matthew Ruff stepped in.

The Turning Point: Exposing Title 17 Violations

Matthew Ruff’s defense centered on Title 17 of the California Code of Regulations, which dictates strict standards for the collection and handling of forensic blood samples.

Through rigorous cross-examination and evidence review, Ruff uncovered that:

• Missing Preservatives: The arresting officer testified he saw "nothing" in the blood vial prior to the draw.  If the preservative was missing from the vial it would constitute a violation of the official standards.

• Improper Mixing: Evidence showed the vial was not shaken to mix the blood with the necessary anticoagulants and preservatives.

• Procedural Failure: Under Title 17 Sections 1219 and 1219.1, these steps are non-negotiable to ensure the sample doesn't ferment or produce a falsely elevated B.A.C. reading.

The Result: A Total Win

Because the integrity of the blood sample was compromised, Driver Safety Officer R. Leask determined the administrative action against the client’s driving privilege could not be upheld.

"Based on the preponderance of evidence... it is determined that respondent was NOT driving a motor vehicle at the time that the concentration of alcohol in his blood was at or above 0.08%."

Why It Matters

This case serves as a powerful reminder that an arrest is not a conviction. With an experienced attorney like Matthew Ruff, technical violations that others might overlook can become the key to saving your license and your future.

Facing a DUI? Don't leave your license to chance. Contact the Law Offices of Matthew Ruff—where 30 years of experience meets a proven track record of success.

The result in this case is unique to the facts and circumstances, nothing in this article should be taken as a promise or assurance that the result in any future case will be guaranteed.

When defending a driving under the influence case involving a blood test, many people assume that the blood alcohol concentration (BAC) result generated by the crime lab is infallible. However, forensic blood testing is a complex scientific process where strict storage protocols must be maintained.

In a recent featured article authored by Top Tier DUI Attorney Matthew Ruff and published by the DUI Defense Lawyers Association (DUIDLA), Matthew delves into a critical issue that frequently arises in blood evidence cases: proper temperature control and refrigeration requirements for blood vials.

The Core Problem: Why Temperature Control Matters

In California and across the country, law enforcement agencies routinely collect blood samples following a DUI arrest. These vials contain preservatives (sodium fluoride) and anticoagulants (potassium oxalate) designed to stabilize the sample. However, chemical additives alone are often not enough to preserve a sample if it is exposed to ambient or elevated temperatures over an extended period.

In the DUIDLA article, I examine key scientific and regulatory principles surrounding blood sample preservation, including:

• Microbial Growth and Fermentation: When a blood sample is left unrefrigerated in a police evidence locker, patrol vehicle trunk, or transport facility, bacteria and yeast present in the sample can proliferate. Microorganisms consume glucose in the blood and produce neo-formation of ethanol effectively creating alcohol inside the tube that was not present in the driver's system at the time of driving.
• Title 17 and Regulatory Standards: California Code of Regulations (Title 17) sets clear guidelines regarding how blood samples must be handled and stored prior to analysis. Failing to maintain proper cold chain custody can breach these mandatory procedures.
• Degradation of Anticoagulants and Preservatives: Heat can degrade active chemical additives, compromising the integrity of the sample long before it ever reaches a gas chromatograph for testing.

What This Means for Your DUI Defense

If your DUI case relies on a blood test result, it is vital to obtain complete discovery, including evidence room logs, temperature monitoring records, transport history, and chain-of-custody documentation. A blood test result that appears elevated on paper may actually be the byproduct of post-collection fermentation caused by improper storage.

Read the Full Article

To read the complete breakdown of case law, forensic toxicology standards, and defense strategies regarding blood sample refrigeration, check out the original article on the DUI Defense Lawyers Association website:

 Read the Full Article on DUIDLA: Do Blood Samples Need to Be Refrigerated?