
The Catalina Island Wine Festival is one of Avalon’s most popular events, but for one attendee, the festivities ended with a high-stakes legal battle. Facing a .29% Preliminary Alcohol Screening (PAS) result and a formal refusal charge, the suspect seemed destined for a mandatory one-year license suspension.
However, veteran Torrance DUI attorney Matthew Ruff stepped in, navigating the complexities of the Long Beach court system to secure a major reduction to a “Wet Reckless.”
The Incident: A “High-Centered” Golf Cart in Descanso Canyon
The arrest took place in Descanso Canyon, the heart of the wine festival. According to the police report, an officer noticed a golf cart “high-centered” on a planter. The driver was found slumped over the wheel, exhibiting clear signs of intoxication.
After admitting to consuming three shots of whiskey and attempting to drive back to his hotel, the suspect blew a .294% and .293% on a handheld PAS device—nearly four times the legal limit of .08%. See the actual (redacted) DUI police report below. The accused needed an experienced Catalina Island DUI Lawyer.

The “Refusal” Complication
Once transported to the Avalon Station, the case took a turn for the worse. The suspect declined to take the official evidentiary chemical test. In California, a “refusal” typically triggers:
• A mandatory one-year “hard” license suspension (no restricted permit allowed).
• Enhanced penalties and potential jail time due to the high BAC.
How Matthew Ruff Secured the Reduction
Defending a case with a .29% PAS breath test and a DUI refusal is an uphill battle, but Mr. Ruff utilized a three-pronged strategy to dismantle the prosecution’s position:
1. Challenging the Wine Festival Environment
Events like the Wine Festival create chaotic environments for law enforcement. Attorney Ruff scrutinized whether the officers followed strict Title 17 regulations during the “observation period” before the PAS breath test. In a festival setting, distractions can lead to procedural errors that make high BAC readings contestable.
2. Technical Flaws in the .29% PAS Test
A PAS test (the handheld unit used in the field) is notoriously less reliable than the stationary machines used at mainland stations. Mr. Ruff attacked the calibration and maintenance records of the device used on the island. By creating doubt about the accuracy of that .29% reading, he weakened the prosecution’s “aggravated” DUI charge.
3. Mismanagement of the “Right to Counsel”
The police report noted the suspect tried to call an attorney before refusing the test. Mr. Ruff investigated whether the officers properly managed this request. If a suspect is confused about their right to an attorney versus their obligation to take a chemical test (known as “Officer-Induced Confusion“), the refusal charge can be dismissed.
The Outcome: Charges Dropped to “Wet Reckless”
By exposing these procedural and technical weaknesses, Mr. Ruff, a seasoned Long Beach DUI Lawyer, convinced the Long Beach District Attorney to drop the DUI and the refusal allegation. The client pleaded to a “Wet Reckless” (VC 23103 per 23103.5).
The result?
• License Saved: The client avoided the one-year “hard” suspension.
• Reduced Fines: Thousands of dollars in potential fines were waived.
• No Jail Time: Despite the high BAC, the client avoided the mandatory jail time often associated with a .29% reading and refusing the required chemical test.
Experience Matters in Avalon Cases
DUI arrests on Catalina Island are unique, and the Long Beach court requires a specific tactical approach. Matthew Ruff’s 30 years of experience proved that even the most “open and shut” cases can be won when the defense knows where to look for errors.
Office Locations
Matthew J Ruff, Long Beach DUI Attorney
444 W. Ocean Blvd.
Long Beach CA 90802
(562) 473-5390
Matthew J Ruff, DUI Attorney
18411 Crenshaw Blvd.
Torrance CA 90504
(310) 527-4100
Matthew J Ruff, San Pedro DUI Attorney
222 W. 6th St.
San Pedro CA 90731
(310) 514-0877
Matthew J. Ruff, DUI Attorney
333 S. Grand Avenue
Los Angeles CA 90012
(877) 213-4453
Matthew J. Ruff, Huntington Beach DUI Attorney
17011 Beach Blvd.
Huntington Beach CA 92647
(877) 212-2090
Matthew Ruff, DUI Defense Lawyer -Santa Monica Office
100 Wilshire Blvd.
Santa Monica CA 90401
(877) 213-4453











