Los Angeles DUI Attorney
In The News
Articles
Publications
DUI Lawyer Firm Profile Attorneys Client Testimonials Frequently Asked Questions Case Results Contact Us
Practice Areas Overview
Blood Alcohol Chart
Common Mistakes
DMV Hearings
DMV Information
DUI Court Process
DUI Information
DUI Involving Prescription Drugs
DUI Refusal Cases
Marijuana DUI Arrest
Underage DUI
DUI Information Center
Bakersfield DUI Attorney
Los Angeles DUI Attorney
Redondo Beach DUI Lawyer
San Luis Obispo Drunk Driving
Torrance DUI Attorney
Resources
DUI Resources

Bakersfield DUI Attorney, Matthew Ruff: 661-327-7833

21 years of hard hitting experience in the Courtroom. Bakersfield has some of the toughest drunk driving laws in the state, hire a Law Firm that knows the secrets of getting DWI cases dismissed. Did you know that the crime of driving under the influence is one that is heavily laden with issues of science, such as alcohol absorption times, elimination rates, and the complex issues related to breath testing machines. Having a lawyer familiar with these scientific principles can often make the difference between being found guilty and being acquitted of he charges. Matthew has that knowledge and training, with over two decades of experience in the courtroom and DMV hearings.

When interviewing a lawyer, ask how long they have been practicing law. Anyone with less than 10 years experience is simply a novice and if you hire them expect that they will be learning the law on your dime. The mistakes they make would likely be avoided by an attorney with decades of experience under their belt. Matthew Ruff has the time tested strategies and methods that can make the difference between being convicted of a DUI and possibly having your case dismissed or reduced. Matt teaches younger lawyers the fine points of defending clients who are facing a drunk driving charge and are looking to avoid the stigma of a DWI tarnishing their DMV record and criminal jacket. Ask yourself- why would you want to hire the student when you can get the teacher?

One of the toughest types of cases to defend is that of an underage driver. These cases, referred to as "zero tolerance" are regarded as unwinnable by many attorneys due to the draconian nature of the laws relating to their prosecution. In spite of those challenges Mr. Ruff wins a great deal of these cases both at the DMV and in Court. For example, in one recent case he represented an 18 year old girl arrested on the outskirts of Bakersfield and charged with DUI. The officers took her license and booked her after she blew a .17 on the breath test. Attorney Ruff took the necessary steps to set up a formal hearing with the DMV and got a stay of the suspension pending that hearing. After acquiring the official reports he discovered substantial evidentiary weaknesses in the case. After pointing out the lack of evidence the department summoned the arresting officer and called him as a witness. Thereafter Ruff cross examined the BPD patrolmen and brought out even more deficiencies in the case. In the end the DMV granted a dismissal of the charges and set aside the suspension, returning her license in December of 2015.

Arrested for DUI in Bakersfield? If the answer is yes there are immediate steps you must take to mitigate the consequences of the incident on your drivers license. There are 3 things you must do right now in order to ensure you have a chance of avoiding an automatic loss of your driving privilege and a criminal conviction for DUI: (1) DO NOT DELAY in demanding an APS hearing with the DMV, take a look at the pink paper you were served by the officer in the middle portion of the front it tells you what your obligations are regarding challenging the suspension. (2). DO NOT contact your insurance company and tell them about the DUI arrest (unless your were involved in a collision). There is no good reason to tip them off about the incident early on, the information you may have read about acquiring an SR-22 only comes into play if you lose the DMV hearing or are convicted in Court of a VC23152 or VC23153. (3). LAWYER UP! The fact is you have little or no chance of winning this case on your own. DO NOT try and represent yourself.

Recent Case Result

Matthew represented a local resident arrested for DUI in Kern County following a car accident. The CHP showed up and smelled alcohol on his breath and commenced a DWI investigation by having the client perform field sobriety tests. According to the officer's report, the client failed to perform the tests correctly and he was arrested, taken to the station and submitted to a blood test. Upon his release he began calling attorneys for advice. He spoke with Matthew who explained the possible outcomes and his options at that stage of the case. Concerned about his license, the client retained Mr. Ruff and he gathered the relevant reports and blood test results. The client was shocked to learn it was a .18 BAC. Nonetheless, Matthew put together a defense, arguing the officer violated the law in the collection of the blood sample. At the DMV hearing, the attorney submitted argument and case law to the judge and the case was thrown out. The DMV returned his license and "set aside" the suspension, clearing his record of the arrest on April 20, 2015.

What about the concept that a person is innocent until proven guilty in a Court of law? Well, that presumption applies only to the criminal charges, not the administrative consequences to a person's ability to drive. You see California deems a license to be a prvilege, not a right and therefore they seek to take away that privilege immediately upon the arrest and breath test if the results are shown to be higher than .08%. As such an accused must object to that punishment by demanding a formal hearing whereupon the DMV must then prove the necessary elements and allow the respondent to challenge the evidence and cross examine the officer. The elements that must be established are: 1. The driver was lawfully arrested 2. the driver was driving at a time the BAC was .08 or more.

If you were arrested for driving under the influence or having a blood alcohol leve above the legal limit of .08 and took a breath test in Bakersfield chances are you were administered the Draeger Alcotest 7110 which is a mobile breath machine that is prone to error. The machine uses infrared and fuel cell technology to determine a person's blood alcohol level using a sample a their breath. Like many breath machines used throughout the state of California, the Draeger is known to be unreliable when the subject has mouth alcohol, which can be present if the individual recentlly burped, belched, regurgitated, had recent dental work done, has acid reflux, GERD or other medical conditions such as diabetes or are on a high carb diet. Yes, the breath testing apparatus is prone to error under many conditions and the government will not tell you this. Our Bakersfield DUI attorneys, Matthew Ruff and Bruce Blythe have fought and won many tough cases both in the criminal courts and at the drivers license administrative hearings. We know the dirty little secrets about chemical testing that exist and have been exposed, leading to acquittals, dismissals and charges being dropped.

Our Law Firm wins more DMV hearings than the statewide average and more than most any other firm in the area. Why is this important? Well, when you are arrested for drunk driving they take your license, you must request and win the APS hearing in order to avoid a suspension. Why do we win more than others? We take them seriously. We analyze each case very meticulously, identifying errors in the official forms and paperwork, uncovering false inofrmation and illegal acts on the part of law enforcement. One particular area we focus on is that of the lawfulness of the arrest and stop. The law says the officer must comply with the 4th amendment to the Constitution, this means that the contact must be based on a sufficient level of reasonable suspicion and probable cause. The issue of Constitutionality is not limited to stops by the police on the roadside. Recently, Matthew represented a client arrested inside her home after law enforcement got a 911 call by another motorist claiming the client's vehicle was driving recklessly. Cops showed up at the house and observed the client's car in the driveway. They entered the yard through a gate and saw the accused on the couch and asked her to step outside. The lawyer filed a motion challenging the arrest on the basis that the entry into the yard violated the client's fourth amendment rights. After a full hearing in Court a Judge agreed with Matthew and threw out the case on October 20, 2014.

The District Attorneys Office in Kern County pursues driving under the influence cases very aggressively. In fact, just this month the agency received a grant for prosecution of DUI offenders in the amount of $400,000.00. These funds will be used primarily for second and third time offenders and incidents where the drunk driving resulted in injury or a fatality to innocent victims. Moreover, the Bakersfield Police Department will implement more DWI checkpoints in and around the community, particularly in the southwest and downtown neighborhoods. The CHP and local depratments such as the KCSO have also been working closely together to arrange "DUI Turnovers" of suspected drinking drivers. These arrangements are intended to allow more experienced, trained officers to conduct the initial investigation of sobriety and achieve a higher conviction rate in Court and at the DMV.

Answers To Common Questions

Should I wait and do nothing until I receive a letter from the Court? You will NOT get anything from the Court pertaining to this case. Unlike a traffic ticket, there is no way to simply pay a fine and be done with a DUI or drunk driving case. Therefore, you will not be sent a "courtesy notice" or any type of reminder to appear in Court. Do I need to get an SR-22 right away? We are often asked this question by those facing a Court date for DUI. There is a lot of mis-information out there pertaining to the need for an SR22 so let us set the record straight. First, if you are convicted of any section 23152 or 23153 the DMV will demand you file the SR22 in order to get reinstated. However, in many cases your attorney can negotiate a lesser charge or obtain an acquittal of these charges so there will be no requirement to file in these situations. Secondly, if you suffer an actual suspension by not requesting an APS hearing within 10 days or the action is upheld following a hearing then the SR-22 will also be necessary. But, in many cases attorneys win DMV hearings and so the filing would not be compelled. In summary our advice is to hold off getting one until it appears absolutely neccessary. We work with insurance professionals that can mitigate the potential insurance ramifications and will guide you through the process appropriately.

I was arrested in Bakersfield and took a blood test, how long does it take to get a result? The answer to this question depends largely on what agency took the sample. Many people wrongly believe that the sample is tested by the hospital or the agency that collected the blood, this is not true. For example, the CHP submits the blood vial to the Kern County Crime Lab and they actually test for ethanol or alcohol concentration. Our experience is the results could take as long as 2-3 months to be reported. This is due largely to the budget cuts and lack of adequate resources. In some cases the time delay can create prejudice to the accused and motions can be filed asserting the client's rights were violated. In any case a person facing a pending Court date for a blood case should consult with counsel to discuss their options.

Facing a DUI charge in the Bakersfield Court? We can help. We have extensive knowledge about DUI defense, an understanding of the law and science that cannot be matched by any other law firm. We have defended over 2000 actual cases in that particular Court. Ask anyone you are considering whether they have litigated that number of cases in that Court. When looking for a DUI Lawyer in Bakersfield you must consider the lawyer's experience and track record in the locality where your case will be heard. Our results on Kern County DUI cases are second to none and our experience is unrivaled. A Bakersfield DUI arrest does not have to automatically lead to a conviction, with over 30 years combined experience we have been defending drunk driving allegations with phenomenol results. When pleading guilty is not an option call the Bakersfield DUI Attorneys that are experienced in getting cases dismissed and saving drivers licenses for clients. Our attorneys have helped those from all walks of life, Commercial Drivers, Doctors, Lawyers, Teachers, Nurses, Oilfield Workers, Engineers, Cops, Students, Military, Out of State Residents, you name it. For us every case is treated with passion and determination to win.

All Bakersfield DUI cases are heard in the Superior Court on Truxton Avenue, our Kern County office is located a mere block away from the Court and we appear there just about every day. With regard to the drivers license suspension component of the DUI case, the file is sent to Bakersfield Driver Safety where the APS unit will hold a hearing to determine whether your license will be suspended. In order to get a DMV hearing however it is necessary to make a formal request with 10 days of the date of the violation. Fortunately, we have substantial experience in both aspects of the DUI case, the criminal side as well as the DMV side.

We know the scientific principles behind blood alcohol testing! For example, did you know that when the lab technician analyzes your blood sample for alcoholic content it does not actually test the blood but the gas that is present on the top of the vial? Yes, the testing process is called headspace gas chromatography and we know the ways to challenge the process better than any other DUI Lawyer in Bakersfield. We obtain the chromatograms that are generated by the gas chromatograph machine used by the crime lab. Our vast knowledge of the underlying principles allow us to win more cases than anyone else.

Over the last nearly 20 years we have saved hundreds from the dreaded stigma of a DUI conviction by utilizing innovative defenses and aggressive approaches. For example, in one recent case our client was charged with driving while intoxicated after being pulled over in downtown Bakersfield after a night out with some friends. Much to her surprise, the blood test that she took at the jail came back with a B.A.C of .24%. Our office immediately took the necessary steps to obtain a DMV hearing in Bakersfield and we challenged the blood test on various evidentiary grounds and attacked the lab protocol in how the results were reported. To the amazement of our client we persuaded the DMV to set aside the suspension and they threw out the blood test. Our client walked away with no drivers license suspension. In another recent case, our lawyers represented a client that worked for one of the largest oilfield service companies in Kern County. We knew that a loss of his license and a conviction for DUI would mean a certain termination, so we fought the case hard. We found a defense with regard to his breath test, even though he was well above the leagl limit according to the machine, we got the results thrown out and saved his license and kept the DUI off his record.

In another Kern County case, we represented a client who was arrested after a car accident. She was was present at the scene when the police arrived, she was given a series of field sobriety tests and arrested for DUI. Her breath test revealed a BAC of .17%. Our office immediately demanded a DMV hearing in the Bakersfield driver safety office and got a stay of the suspension. At the hearing, attorney Matthew Ruff exposed a deficiency in the state's case and the suspension was set aside and the client got her license back, no punsihment whatsoever and no requirement she get an SR-22. In Court, the case was reduced down to a lesser charge.

In addition to representing those accused of DUI in the city of Bakersfield, the attorney also helps those in outlying areas of Kern County such as Mojave, Lamont and Taft. For example, in one recent matter Matthew handled a DMV hearing for an arrest for driving with a .08 BAC or more in Tehachapi California. The client was involved in a car accident on a country road and the police were dispatched and he was taken into custody. His license was confiscated and a DMV hearing was scheduled. At the hearing Mr. Ruff cross examined the arresting officer and established that the breath test was not done in compliance of the regulations under Title 17. As a result, the client got his license back with no suspension in April of 2013.

Many driving under the influence cases can be successfully defended despite high breath or blood test results. At the core of our system of justice is the premise that the prosecution must prove that a person is guilty beyond a reasonable doubt. This places the burden of proving guilt on the District Attorney, the accused does not have to prove they are innocent. In many cases the evidence may be susceptible of two different interpretations, one that points to guilt and another that points to innocence. In those cases the appropriate conclusion is that the person is not guilty. The Lawyer's job is to ensure that the prosecution meets their burden of proof in every case.

No attorney can gaurantee a dismissal of your case or say that they win every DWI case they are hired to defend, our Bakersfield DUI Lawyers however, have won numerous cases involving arrests for all law enforcement agencies in the area including the CHP, Bakersfield Police, Kern County Sheriff's Department, Park Police and the California Department of Defense.

We also fight DUI cases on the grounds that our client's consitutional rights were violated. In one recent case we were successful in getting a DUI thrown out in the Bakersfield Court after persuading the Judge that our client was pulled over without probable cause. The case victory was even more amazing given the fact that our client had two DUI priors and was on probation at the time. We take the Constitutional Rights of our clients very seriously and do not leave any stone unturned when fighting a Bakersfield DUI charge. Among the challenges we have used to get Bakersfield DUI charges dismissed are: false arrest insufficient evidence of intoxication, bad breath tests, failure to follow the regulations, police officer error, medical issues, refusal to take a chemical test, lack of proof of driving, miranda rights violations, and many others.

So, what are the most important factors to consider when looking for a Bakersfield DUI Attorney? EXPERIENCE! Most folks only need a lawyer once in their lifetime, hire the best with the most hands on experience in the area. There are cheaper attorneys out there that will only want to plead you out first chance they get. Be proactive when hiring the law firm, ask the prospective DUI Lawyer about potential defenses that he has used, ask about similar cases he or she has defended and what the best and worst case scenarios can be. Remember, it is your criminal record and DMV printout that is at stake and you only get one shot!

Every year citizens in need of legal counsel look for DUI Lawyers in Bakersfield only to be inundated with ads placed by law firms who have no foot print in the community. Our Firm has been practicing law in Bakersfield for nearly twenty years and our office is conveniently located on Chester and 17th Streets, steps away from the Superior Courthouse. With this type of local connection you can be sure that your case will be handled by an attorney who knows the local assistant D.A. and the Judge on a professional level.

If you or someone you care about is facing a DUI, call us today for a no cost review of your arrest. As local Bakersfield DUI Attorneys we promise each of our clients that we will fight the case until the best outcome can be achieved, and that each case will be handled with the personal attention to detail that we would give to a member of our own family. Call today and speak directly with the lawyer that will handle your case, our local number is 661-327-7833. Remember, you must act within the first few days if you want to save your license from being automatically suspended. You cannot wait until you go to Court to speak to a Bakersfield DUI Lawyer, contact us today and we will take over and get the DMV hearing arranged as well as obtain the police reports and information about your breath or blood test results.

Matthew Ruff, Profile

 

Contact Us