Top Rated Kern County DUI Attorney

Call Matthew Ruff Direct at 661-327-7833
You Won't Be "Passed off" to Secretary
Have you been arrested for driving under the influence of alcohol or drugs
in Kern County? Did you know that California law allows you to challenge
the license suspension and permits you to get your license restored while
the case is being fought? Yes, and
Top Rated Kern County DUI Attorney Matthew Ruff and Alex Griggs have the skills
to win your case. Time is of the essence however because if you don't
act immediately you lose your rights.
25 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. One recent example of a case Matt won
was an arrest that occurred after a traffic collision and the client had
a .19 blood alcohol level. Matt fought the state's assertion that
his client was guilty and was able to win the DMV Hearing and get his
clients license back with NO SUSPENSION.
Another significant victory was a case Matt handled for a client in Frazier
Park. The California Park Rangers arrested him and he blew a breath result
of .11/.12 in the field. He was FST exercises and arrested. Matthew brought
in an expert toxicologist to show his true BAC at the time of driving
was below .08. Matt won the DMV hearing and saved his license. Subsequently,
he went to Court and got the DUI charges dropped.
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 most frequent Courts we handle is the Arvin Lamont Court in
Southern Kern County. This Court is the jurisdiction that presides over
all cases originating from Interstate 5 near the Grapevine, Lebec and
Frazier Park. Recently Matt defended a client arrested going southbound
heading back to Los Angeles. The CHP gave him a breath test that registered
above .08 and he was charged with VC23152 and his license confiscated.
Matt was retained and he immediately stopped the suspension through the
DMV. This was important because the client had a commercial driver's
license. Matt investigated the facts and prepared a defense that resulted in the
DUI Charges being dismissed and he won the DMV hearing which got his client's license returned.
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
UN-winnable 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
Matt got the DMV to grant a dismissal of the charges and set aside the suspension, returning her license.
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 Results
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.
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 privilege, 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 level 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 recently
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. Matthew Ruff has 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
information 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.
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 departments
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 necessary. We work with insurance
professionals that can mitigate the potential insurance ramifications
and will guide you through the process appropriately.
I was arrested for DWI on Interstate 5 and took a breath test, can those
results be challenged? Yes, the law in California gives everyone accused
of a crime the benefit of a presumption of innocence. This means that
the DA must prove you guilty beyond a reasonable doubt. Breath machines
are regulated by CA law and must comply with certain standard in order
to be reliable. Our Law Firm scrutinizes the machine's accuracy and
history to determine if the results in your case were trustworthy. We
have beat tests as high as .30 and above on the basis the test was administered
incorrectly.
I was arrested in Kern County 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 phenomenal 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
head space 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 25 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 legal 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 punishment 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 from the DMV.
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 guarantee 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 constitutional
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 and fighting drunk
driving cases in Kern County for over twenty five years. Matt is trained
on the field sobriety tests using the same methods that the CHP and other
police departments use. We also are familiar With the breath machines
used in the local area and know how to beat them. With local connections
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.
How Reliable Are The Field Sobriety Tests? The Federal Government did a study years ago which showed that FST exercises
are fraught with the possibility of FALSE POSITIVE findings on the part
of the officer. The most common 3 test battery of exercises comprises
of the HGN, Walt and Turn, and One Leg Stand. This battery of tests are
only validated by NHTSA if the officer follows the standardized methods
of administration. If the cop deviates from the methods taught to him
in any way, the results and validity of the test is compromised. Matthew
is trained on all sobriety tests the cops give in Kern County. If it is
determined the tests given to you were not done in accordance with the
officer's training, Matt has had success getting cases dropped or
charges reduced.
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.
How Do You Beat A DUI IN Kern County?
1. The Officer Did Not Have Probable Cause To Arrest You. Under our current system of laws the police are required to have a certain
level of suspicion before you can be arrested. For DWI cases the requisite
amount of PC is enough to create a strong suspicion that the person committed
a crime. In California the offense requires proof the person is impaired
to such a degree they are no longer able to operate a motor vehicle with
the caution characteristic of a sober person under the same or similar
circumstances. Unfortunately, many officers fail to investigate the case
properly and an experienced DUI Attorney can challenge the conclusions
and opinions of the cop and get the case dismissed.
2. You Are Innocent. In some cases a person's BAC is actually below the legal limit at
the time of driving but rises after the stop to a higher level. This is
called a "rising blood alcohol issue". In these cases a lawyer
can bring in a toxicologist to show the alcohol level was in fact rising
because the client was in the absorptive phase of alcohol metabolization.
If the facts warrant the defense a client can expect to have a judge or
a jury find them Not Guilty and be acquitted of the charges.
3. The Breathalyzer Was Inaccurate. All breath alcohol testing machines have some level of error compared
to blood alcohol testing which is a direct method of calculating BAC.
In Kern County most law enforcement agencies use the Drager Machine which
uses Infrared and Fuel Cell Technology to produce a result. As with any
piece of machinery, breakdowns will occur and when it does it means a
potentially innocent person will be wrongfully accused of a crime. If
you believe your purported blood alcohol level from a Breathalyzer is
false you should reach out to a lawyer to embark upon a plan to get the
discovery on the device and challenge the reliability of the instrument.