Case Victory: High BAC License Suspension Overturned
Kern County DMV Administrative Hearing Success
When your driving privilege is on the line, technical expertise and a meticulous review of the evidence are the only things that stand between you and a license suspension. In this landmark Kern County case, Top Tier DUI Attorney Matthew Ruff successfully challenged the Department of Motor Vehicles (DMV), proving that even a high blood alcohol reading can be defeated if the law was not strictly followed.
The Challenge: A .17% BAC Reading
The client was arrested for a violation of Vehicle Code Section 23152 (DUI). Following the arrest, a chemical blood test was administered which allegedly showed a B.A.C. of 0.17%—more than double the legal limit in California.
Under normal circumstances, a reading this high results in an automatic and lengthy administrative license suspension by the DMV.
The Strategy: Title 17 Compliance
Attorney Matthew Ruff did not simply accept the lab results at face value. Instead, he conducted a deep-dive investigation into the Title 17 regulations that govern how blood must be drawn, handled, and analyzed in California.
Through rigorous cross-examination and evidence review, Mr. Ruff uncovered a critical error:
• Unauthorized Personnel: The blood draw was performed by a phlebotomist at the Kern County Jail who was not licensed to draw evidentiary blood samples for law enforcement.
• Title 17 Violation: California law strictly mandates that only specific, licensed individuals can perform these procedures to ensure the integrity of the sample.
The Result: License Suspension SET ASIDE
The DMV Hearing Officer, R. Leask, agreed with Mr. Ruff's legal arguments. Because the blood was drawn by an unauthorized individual, the chemical test results were deemed unreliable and inadmissible.
"As a result of the preceding finding the administrative action against respondent's driving privilege cannot be upheld in this case."
— Official DMV Findings, March 26, 2001
Key Outcome Highlights:
• BAC Result: 0.17% (Defeated)
• DMV Action: SET ASIDE (Dismissed)
• Driving Privilege: Fully Restored
• The "Matthew Ruff" Difference: By identifying a phlebotomy licensing issue that other lawyers might have missed, Matthew Ruff ensured his client could keep driving.
Protect Your Future
If you have been arrested for DUI in Kern County or anywhere in California, don't assume the evidence against you is airtight. Matthew Ruff, Attorney at Law, has over 30 years of experience finding the "hidden" errors in police and lab procedures that win cases.
Call Matthew Ruff today for a free consultation:
Bakersfield Office: (661) 327-7833
Toll-Free: 1-877-213-4453
Master of DUI Defense, Matthew Ruff has over 3 decades of case dismissals and acquittals.
Disclaimer: Past results do not guarantee a similar outcome. Each case is unique and depends on the specific facts and legal issues involved.
