The Mouth Alcohol Defense: How a Tongue Piercing Saved a DUI Case

Posted on April 24, 2026 by thetorranceattorney
Matthew J. Ruff, DUI Attorney

When it comes to DUI defense, the smallest details often make the biggest difference. In a recent case defended by Torrance DUI Attorney Matthew Ruff, a client’s commitment to dental hygiene—and a poorly timed rinse—turned a likely conviction into a hung jury and a favorable resolution.

The Stop: Speeding and Signs of Trouble

The incident began when police pulled over the client for speeding. Upon approaching the window, the officer noted the “textbook” signs of intoxication:

• An odor of alcohol emitting from the vehicle.

• Slurred speech.

• Slowed responses.

The client was asked to exit the vehicle to perform Field Sobriety Tests (FSTs). According to the officer’s report, the client failed to perform the tests as instructed, leading to an immediate suspicion of impairment.

The Science: A .12% BAC and the “Mouth Alcohol” Problem

The client submitted to a breath test, which returned results of .12% and .13%—well above the legal limit of .08%. On the surface, it looked like an open-and-shut case for the prosecution. However, Matthew Ruff dug deeper into the timeline of the evening.

The “Infection Prevention” Factor

The client had recently undergone a tongue piercing. To prevent infection, his piercer had strictly advised him to rinse his mouth frequently with Listerine. Moments after being pulled over, the client—anxious about both the piercing and a beer he had consumed earlier—used the mouthwash he kept in his car to “mask” his breath.

The Defense Strategy: Contamination

Matthew Ruff successfully argued that the breathalyzer results were scientifically unreliable due to Mouth Alcohol Contamination.

Most breathalyzers operate on the assumption that the alcohol being measured is “alveolar air” (air from deep within the lungs). However, Listerine contains a high percentage of alcohol. If a subject uses mouthwash immediately before a test, the device measures the concentrated alcohol vapors in the mouth rather than what is in the bloodstream.

The Argument: The .12% reading wasn’t a reflection of the client’s blood alcohol level, but rather a measurement of the Listerine he had just swished to protect his new piercing.

The Result: From DUI to Public Intoxication

The jury was presented with the scientific possibility that the breath results were inflated by the mouthwash. After deliberations, the jury was unable to reach a unanimous verdict, resulting in a hung jury.

Recognizing the weakness in their case following the trial, the District Attorney chose not to pursue a second DUI trial. Instead, they offered a significantly reduced charge:

• Original Charge: DUI (.08% or higher)

• Final Resolution: Public Intoxication (Non-driving related)

The Takeaway

This case highlights why “objective symptoms” aren’t always what they seem. Slurred speech can be caused by a swollen, newly-pierced tongue, and high breath test results can be caused by something as simple as hygiene.

If you’re facing a DUI charge where the numbers don’t seem to add up, you need an attorney who understands the science behind the machines. Top Tier DUI Attorney Matthew Ruff continues to prove that a meticulous defense can dismantle even the most “solid” police evidence.

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The Strategy of Success: Why Matthew Ruff Wins DUI Cases

Posted on April 17, 2026 by thetorranceattorney
Matthew J. Ruff, DUI Attorney

When facing a DUI charge in California, many people assume that “being a good person” or having a clean record will be enough to earn a break from the prosecution. However, the reality of the courtroom is far more complex.

The secret to Top Tier DUI Attorney Matthew Ruff’s decades of successful case results isn’t just his deep understanding of the law—it’s his mastery of the psychological “tug-of-war” that happens between the defense and the prosecution. Here is why Matthew’s approach of combining aggressive litigation with strategic mitigation consistently delivers superior results for his clients.

Moving the Prosecutor from “Judgment” to “Risk Management”

A prosecutor’s primary goal is to secure a conviction. When a defense attorney presents mitigation alone, the prosecutor stays in a position of power. They view the case as a “guaranteed win” and see no reason to offer a significant reduction.

Matthew Ruff changes the game by introducing Legal Risk. By filing targeted defense motions—such as PC 1538.5 Motions to Suppress—Matthew forces the prosecutor to face a hard truth: they might lose the case entirely.

• The Psychological Shift: When Matthew challenges the lawfulness of a traffic stop or the accuracy of a breath machine, he moves the prosecutor from a “mindset of judgment” to a “mindset of risk management.”

• The Result: To avoid the punch to the ego that comes from a NOT GUILTY verdict at trial or a 45 minute acquittal by a jury, or a hung jury which results in a mistrial, prosecutors often become much more willing to dismiss the DUI charges in the “interest of justice” or settle for a public intoxication, speeding ticket, dry reckless or a reduction of charges to the offense of something called a “Wet Reckless.”

Turning the “Sunk Cost” into a Defense Advantage

Prosecutors are often overwhelmed with massive caseloads. Torrance DUI Attorney Matthew Ruff understands that time is their most precious resource.

While simple mitigation takes seconds to read, litigation creates work. When Matthew subjects a case to extensive motions, forensic blood alcohol toxicology challenges, and evidentiary hearings, he makes that specific DUI “expensive” for the City Prosecutor or District Attorney’s office to prosecute.

The “Matthew Ruff” Difference: By making the prosecution work for every inch of ground, Matthew often finds that prosecutors prefer to offer a favorable deal rather than spend hours prepping officers and researching complex Title 17 regulations.

Challenging “Confirmation Bias” with Forensic Expertise

Most prosecutors look at a police report and immediately assume the defendant is guilty. They see “unsteady gait” or “slurred speech”, “weaving within the lane” and stop looking for other explanations. In many instances, there may be individual physical factors or medical conditions that can result in false positives and inflated blood alcohol levels. For example, a client with acid reflux or “Gerd” may not be a good candidate for breath testing.

Matthew Ruff uses his extensive scientific training and knowledge of NHTSA driving cues and SFST administration and challenging Title 17 forensic standards in alcohol testing to shatter this bias. By highlighting “mouth alcohol” contamination or improper blood draw and chain of custody procedures, and sloppy police work, he creates cognitive dissonance. He forces the prosecutor to doubt their own evidence, making them far more open to a compromise that saves face for their office.

The Power of the “Psychological Out”

The most successful outcomes happen when a prosecutor has both a reason and a justification to reduce a charge. This is where Matthew’s dual-threat strategy excels:

1. Litigation provides the Justification: “I’m reducing this because the defense attorney found a flaw in the blood-testing protocol.”

2. Mitigation provides the Safety: “I feel okay about this reduction because the client is a hardworking professional with a lot to lose.”

Without the litigation, the prosecutor feels they are “giving a gift” for no reason. Without the mitigation, they might feel the need to fight to the bitter end. Matthew Ruff provides both.

A FIGHTER Not a “Lackey”

In the legal world, there is a distinct difference between an attorney who merely facilitates a plea and one who fights for a dismissal. Matthew Ruff is not a “plea lawyer” who operates as a rubber stamp for the District Attorney’s office.

By taking an adversarial stance, Matthew signals to the prosecution that he will not accept a “standard” deal just to clear the calendar. He is a fighter who subjects every piece of evidence to intense scrutiny. When the prosecution knows they are up against a litigator who isn’t afraid to take a case to a contested hearing, the dynamic of the negotiation changes instantly.

Over 30 Years of Proven Results

Whether it’s at the Torrance Courthouse, Inglewood Court, or a DMV Administrative Hearing, Matthew Ruff’s client reviews and reputation for aggressive litigation precedes him. He doesn’t just ask for mercy; he builds a technical and psychological environment where a reduction is the most logical path for the prosecution to take.

Whether you are facing a first time misdemeanor DUI or a felony DUI with injury in the South Bay or Los Angeles area, don’t rely on luck. Rely on a strategy that works. Torrance Criminal Defense Attorney Matthew Ruff has been fighting and winning cases for his clients for 3 decades.

Matthew Ruff 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

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South Bay DUI Victory: How “Rising BAC” Evidence Saved a Driver’s License For Hermosa Beach Client

Posted on April 17, 2026 by thetorranceattorney
Matthew J. Ruff, DUI Attorney

Winning a DUI case often requires looking far beyond the numbers on a breathalyzer printout. In a recent victory at the DMV Driver Safety Office, Hermosa Beach DUI Attorney Matthew Ruff successfully overturned a license suspension for a client despite two chemical test results showing a blood alcohol concentration (BAC) of .11%—well above the legal limit.

The Case: High Breath Test Results After a Traffic Incident

The case began in Hermosa Beach following a report of a minor traffic collision. When officers arrived and conducted a DUI investigation, the driver provided two breath samples, both returning a .11% BAC. Under California law, the DMV moves to automatically suspend the license of any driver with a BAC of .08% or higher at the time of driving.

Actual Police Report Showing .11 BAC Results

The Strategy: The Science of the “Absorptive Phase”

Many drivers assume that a breath test result is final. However, Matthew Ruff knows that what matters most is the BAC at the precise time of driving, not the time of the test.

In this case, the defense centered on the “Rising Blood Alcohol Defense” theory. When a person consumes alcohol, it takes time for the body to fully absorb it into the bloodstream. During this “absorptive phase,” a person’s BAC level continues to climb. If a driver is stopped shortly after drinking, they may be below the legal limit while behind the wheel, even if they test over the limit thirty or sixty minutes later at the police station.

Expert Testimony Leads to a Total Set Aside

To prove this, Matthew brought in a forensic toxicologist to analyze the timelines of consumption, the timing of the driving, and the subsequent chemical tests. Using an innovative technique called retrograde extrapolation, the expert evidence demonstrated that because the client was still absorbing alcohol at the time of the stop, their BAC was actually below .08% while they were operating the vehicle.

By meticulously presenting this scientific data, Matthew Ruff convinced the DMV hearing officer that the police had failed to establish the client was over the legal limit at the time of the actual driving.

The Result: Full License Reinstatement

The DMV issued an Order of Set Aside and Reinstatement, meaning the DUI suspension was completely vacated. The client’s driving privileges were restored in full, and the “not guilty” finding at the administrative level provided a massive advantage for the defense.

Actual Official Order Dismissing DUI Arrest

This case serves as a critical reminder: breathalyzer results are not infallible. With the right legal strategy and scientific expertise, even a “high” BAC reading can be successfully challenged.

Using the defense of retrograde extrapolation and other techniques, Torrance DUI Attorney Matthew Ruff has been defending clients wrongly accused of drunk driving and winning DWI cases for over 30 years. If you are facing a DUI suspension in Torrance, Hermosa Beach, or the South Bay, contact Attorney Matthew Ruff today to protect your rights and your license.

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