We are proud to announce a total victory for our client in a high-stakes DMV Administrative Hearing. Torrance DUI Attorney Matthew Ruff successfully secured an Order of Set Aside and Reinstatement, completely vacating a one-year “refusal” license suspension.

The “Sanitary Defense”: When “Refusing” is Actually Prudence

The core of this victory relied on a sophisticated legal challenge to the conditions of the blood draw. While the Los Angeles County Sheriff’s Department (West Hollywood) labeled our client’s actions as a “refusal,” Matthew Ruff argued that the hesitation was a legally protected objection to unsanitary conditions.

Using the landmark California case Ross v. DMV, the defense proved that:

• Safety is Not a Refusal: A driver’s request for a clean, professional, and sanitary environment for a blood draw is a “reasonable and prudent” condition, not a rejection of the law.

• The Right to Assurances: Pursuant to the Ross case, if a driver expresses bona fide concerns about the safety of a medical procedure, the officer has a duty to provide assurances or offer the alternative breath test.

• Silence is Not Consent: Instead of addressing hygiene concerns or offering a breath test, the deputy read Miranda rights and then labeled the driver’s subsequent silence as a refusal—a move Master of DUI Defense, Matthew Ruff successfully argued was “officer-induced confusion.”

Dismantling the Officer’s Narrative

The DMV Hearing Officer was presented with evidence that the arresting deputies failed to meet their statutory obligations under Vehicle Code § 23612:

1. Blank Reports: The officer failed to provide any factual basis for why a breath test was “unavailable,” leaving critical sections of the DS-367 sworn statement blank.

2. Unsubstantiated Conclusions: The claim that the driver “recanted consent” was exposed as a mere legal conclusion lacking any supporting facts or specific dialogue.

The Result: License Saved & Record Cleared

As of April 28, 2026, the DMV issued an official Order of Set Aside. The mandatory one-year “hard” suspension has been deleted. Our client is now eligible for a no-fee duplicate license and can return to the road with their driving record intact.

Why This Matters

A “Refusal” allegation is the most dangerous charge in a DMV hearing because there is no restricted license available. You either win or you lose your privilege to drive for a full year. This case proves that with a deep understanding of California Case Law and a refusal to accept the “officer’s version” of events, these cases are winnable.

Arrested For DUI? Call ☎️ 310-686-1533 

 Matt 310-686-1533

Facing a DMV hearing in Los Angeles or West Hollywood? Contact Top Tier DUI Attorney Matthew Ruff, the attorney who knows how to turn “Refusals” into “Set Asides.”