This official DMV decision (posted below) highlights a massive victory for Torrance DUI Attorney Matthew Ruff, proving that even a case with a staggering 0.30% B.A.C.—nearly four times the legal limit—can be won when you have the right legal eagle in your corner.
Here is the story of how a seemingly “slam dunk” DWI case turned into a total “Set Aside” (victory) and license reinstatement for Matthew Ruff’s client.
The 0.30% Blood Result Challenge: Why Technicalities Matter
In the world of DUI defense, a blood alcohol concentration (B.A.C.) of 0.30% Blood Test Result is often considered “indefensible.” Most drivers see that number and assume their license is gone. However, the law isn’t just about the numbers; it’s about the integrity of the evidence.
In this case, the DMV’s own findings (as seen in the document) were forced to admit a fatal flaw in the government’s process.
The Winning Strategy: Attacking the Foundation
DUI Defense Attorney Matthew Ruff successfully argued that the B.A.C. results were untrustworthy. While the police claimed the driver was intoxicated, Ruff identified critical errors in how the blood sample was collected documented and handled by the CHP Officer:
• The Name Discrepancy: The respondent’s name was spelled incorrectly on Exhibit 1A. In a legal chain of custody, a name error isn’t just a “typo”—it creates a gap in proof that the blood being tested actually belonged to the person arrested.
• The Kit Number Mystery: The defense proved that the DMV was unable to verify the kit number from the evidence. Without a verified kit number, there is no way to guarantee the sample wasn’t tampered with or switched.
• The “Fatal Omission”: The DMV hearing officer noted that the arresting officer failed to provide the “ID of sample information” on the required CHP 202 form. This omission meant the DMV could not cross-reference the blood results with the specific sample taken at the scene.
“Although the results are sworn, I cannot rely on the results due to the omission of the ID of sample information… the action must be set aside.” — Official DMV Decision
The Result: DUI License Suspension Action Dismissed
Because of these “technical” failures and mishandling of the blood sample, the DMV Judge was forced to reach a surprising conclusion in Section VI of the official certified decision (see above): “The preponderance of evidence did NOT support that the respondent was driving with a B.A.C. of 0.08\% or above.”.
Key Takeaways from the Win:
1. Never Plead Guilty Without an Investigation: Even a “high blow” or astronomically high blood test results can be defeated if the police paperwork is sloppy.
2. Chain of Custody is King: If the lab cannot prove that your blood stayed in that kit, the results are legally worthless.
3. The Right Representation: Attorney Matthew Ruff’s ability to spot sloppy police work and evidence discrepancies saved his client’s driving privilege and preserved their record.
Need a Fighter in Your Corner?
This case serves as a powerful reminder: the government has to follow the rules. If they don’t, you shouldn’t have to pay the price. If you’re facing a DUI with high B.A.C. levels, don’t give up—look for the flaws the DMV hopes you won’t see.
Torrance DUI Attorney Matthew Ruff is a Top Tier defense lawyer with over 30 years experience fighting and winning high stakes driving under the influence cases throughout Los Angeles County.
