Just this week Matthew Ruff got the decision that the California DMV agreed with his arguments that the blood test results of .15 BAC in his client’s case were unreliable under scientific standards and should be suppressed.

The case involved a vehicle stop on the 105 freeway after the CHP allegedly observed the vehicle driving at 130 mph.

The officers made observations of intoxication and the driver was subsequently arrested for DUI and submitted to a blood test that showed a .15 BAC level. An actual copy of the LASD blood test results can be viewed, see below:

The DMV was in the process of suspending the client’s license when Matthew stepped in and stopped that by requesting a formal hearing. At the hearing Matt argued the blood test was unreliable because the blood sample was unaccounted for and not properly tracked for over a month prior to testing by the Los Angeles County crime lab. Matthew admitted documents showing a lack of record keeping regarding the handling of the evidence.

The basis of the argument was that the blood vial did not contain a sufficient chain of custody as to where and how it was stored and handled during the long delay between the time of collection and the time the blood was tested. Therefore, a violation of Title 17, section 1219 was shown. A violation of Title 17 can result in charges being dropped.

California law specifically addresses this in Title 17 of the Cal. Code of Regulations section 1219 which states:

“Samples taken for forensic alcohol analysis shall be collected and handled in a manner in which the identity and integrity of the samples shall be maintained through collection to analysis and reporting.”(See CCR, Title 17 Article 4 Section 1219)

The attorney argued these violations of California Code of Regulations, Title 17 affected the integrity of the sample and used a forensic expert to testify the sample was untrustworthy and the results should not be considered. Testimony was introduced that a DUI blood sample must be properly stored prior to testing or fermentation may occur inside the vial. The DMV was persuaded by Matt’s presentation and set aside (dismissed) the suspension and reinstated the client’s driving privileges based on the mishandling of the evidence, see below:

The process of getting a DUI charge dropped can be very complex. In many cases the evidence may show the proper procedures were not followed correctly or that the officer failed to comply with regulatory requirements. Los Angeles DUI Attorney Matthew Ruff has uncovered numerous instances where the investigation was botched or compromised due to haste or sloppy police practices, resulting in dismissal of the charges. In this case, by exposing how the police mishandled evidence, the case was dropped.

Matthew Ruff is a Top Tier DUI Lawyer with 30 years experience fighting and winning drunk driving cases in Southern California where the evidence is untrustworthy and unreliable. Matthew Ruff Wins DUI Cases using innovative legal defenses.

Arrested For DUI? Call ☎️ Matt at 310-686-1533