The laws in California state that it is illegal to drive with a .08 or higher and if you do so it will result in the loss of your license for at least 4 months for a first offense.  However, in a recent case one lawyer was able to keep the client’s license from being suspended despite a breath test result that showed a .08 and a .08 on the machine.  The client was arrested and his license was taken by the arresting officer.  At the DMV hearing, Torrance DUI Attorney Matthew Ruff presented evidence that the machine was reading high and was actually out of compliance with accuracy results.

The lawyer argued successfully that the breath alcohol results should be disregarded because the device was not accurate.  After the hearing, the DMV  sided with attorney Ruff and found that the chemical results should have been thrown out due to reliability issues.  The client ended up with a decision that ended in him keeping his license.

What few people realize is that not all DUI cases should automatically mean that a driver’s license will be lost.  The laws do allow for an attorney to present evidence that a person’s true blood alcohol level is below the legal limit in certain circumstances.  In fact, in many cases the facts will give an inference that a driver was below the legal limit at the time of driving.

Torrance DUI Attorney Matthew Ruff was applauded by the client’s family and the licensee himself who was able to keep driving and save his job after the arrest and confiscation of his license.  Had the accused not challenged the suspension, there is no doubt that he would have lost his privilege to drive for a significant period of time.  In the end, justice prevailed and the state agreed that the officer was wrong in taking the license.