Top San Luis Obispo County DUI Lawyer
Call toll Free 1-877-213-4453

Have you been given a citation for drunk driving in Grover Beach California
in San Luis Obispo County or one of the surrounding areas such as the
beach or state park? The clock is ticking to save your drivers license
with the DMV. Call the attorney who wins more DMV hearings than almost
any other, toll free 1-877-213-4453. Matthew has over
25 years experience fighting driving under the influence charges in California.
Call or Text Matt Direct at 310-686-1533
Many folks find themselves in the situation of having been arrested for
a DUI in the SLO or Pismo Beach area. As harmless and as common as enjoying
a couple of cocktails may seem, the effects of such can be devastating
if followed by an attempt to drive home afterwards if you had too much
to drink. At the very least, the law deems that engaging in such risky
behavior could result in a costly traffic ticket coupled with jail time
and the loss of your driver's license, but far worse is the possibility
of injuring - and possibly killing - an innocent person. This is where
a Drunk Driving Lawyer can help. Many DUI arrests involve someone who
is actually innocent of the crime. The breath machines and police officers
involved in the investigation of the offense can very often falter and
be wrong in the assessment of the circumstances. For example, breath testing
in CA requires strict compliance with regulations and scientific protocol,
these are often overlooked and sometimes ignored completely. It is beyond
dispute that the long lasting effects of an arrest for any alcohol related
charge can be minimized with the help of competent and experienced legal
counsel. Whether the arrest occurred in Pismo Beach, Grover Beach our
in any of the outlying areas of SLO, we Defend all DUI charges for both
alcohol, drugs and
marijuana under the influence cases.
Matthew has a long track record of success in the San Luis Obispo Court.
For example, just recently he represented a client arrested in Grover
Beach for VC 23152, driving under the influence and driving above the
legal limit with a BAC of .12 from a breath test. He had a prior conviction
for DWI in Bakersfield a few years earlier so he was facing mandatory
jail time and loss of his license. Matt investigated the facts and determined
the client was in the "absorptive phase" at the time of the
stop, making his blood alcohol level was rising and likely higher at the
time of chemical testing. A forensic alcohol expert was brought in at
the DMV hearing and testified the breath results were untrustworthy. The
DMV agreed and the license suspension was SET ASIDE.
In another case Matthew defended a client who was stopped after leaving
Fin's Restaurant in Grover Beach. She allegedly ran through a stop
sign and blew .10 on the breath machine. Matt fought the case by challenging
the test on the grounds the officers failed to follow the regulatory requirements.
Ultimately the District Attorney relented and agreed to DISMISS THE DUI
CHARGES in Court.
Frequently Asked Questions About a DUI arrest in Pismo Beach or San Luis
Obispo County California:
Q. Why should I see an attorney about my San Luis Obispo DUI?
A. A DUI is a misdemeanor and potentially a felony criminal offense, not
just a traffic ticket. If you are convicted of a DUI, there are mandatory
legal penalties. Your drivers license is automatically suspended unless
you fight. Your auto insurance rates will skyrocket, and the conviction
may be added to your credit report. If you hold a professional license,
a conviction must usually be reported to your governing agency. In short,
you have a lot to lose. So it makes good sense to see if you can defend
yourself against these charges. An experienced criminal attorney can review
the facts of your case to find legal defenses to the charges in San Luis,
the Central Coast, Pismo Beach, Paso Robles, Morro Bay or Grover Beach CA.
Q. What should I look for in a defense attorney?
A. Most attorneys do not practice DUI law on a regular basis, and you need
a specialist to defend your rights. When you’re looking for a criminal
attorney, you should evaluate the initial interview carefully. You should
feel comfortable with the attorney and confident in his or her ability
in this type of case. When you have questions, make sure they’re
answered to your satisfaction. Some firms use "case managers",
paralegals or secretaries to interview clients. Be sure you talk directly
with a competent criminal defense attorney who practices in the area of
DUI or drunk driving. Lastly, when searching for a SLO DUI Lawyer it is
important that he of she be familiar with local practices and customs
of the Court.
Q. Could I represent myself in court or at the DMV administrative hearing?
A. Do-it-yourself legal work does not make much sense. DUI is a criminal
matter and there are stiff penalties. Take it seriously. A Grover Beach
or San Luis alcohol related criminal case can stay on you record for life
if not handled properly. The laws pertaining to driving under the influence
change constantly, the lawyer must be familiar with the California statutes
and procedures, otherwise his or her representation will be hindered.
Matthew has over 25 years experience fighting and winning DMV Hearings
for DWI arrests. In fact, in one recent case Matt won an APS hearing and
saved the license for a client involved in a car accident where his blood
test results were .25 BAC. Despite the high results Mr. Ruff was able
to show the blood was collected improperly and the DMV agreed and reinstated
the driving privilege. In another case Matt won the DMV hearing for a
client stopped in Grover Beach. The client had a prior DUI and breath
test of .12 BAC. Nevertheless, Matt saved his license by arguing his blood
alcohol level was rising at the time of the arrest.
Q. What if I can’t appear in court?
A. Your attorney can appear for you in the San Luis Obispo Court in most
cases, the Court is part of the San Luis Obispo County Superior Court.
You don’t have to be present if you are represented by private counsel.
All DWI charges from San Luis Obispo go to the Criminal Department in
the Courthouse on Monterey. All cases are prosecuted by the b SLO District
Attorney. All Drunk Driving and alcohol charges in Oceano Dunes, Grover
Beach are heard in the Court on South 16th Street in the city of Grover
Beach. In most cases, our office can appear for you under 977 of the Penal
Code, therefore if you live outside the county we can make sure your rights
are protected.
Q. Can I discuss my case with family members, friends, or coworkers?
A. You can, but do so at your peril. If you discuss your arrest with others,
they can be called as witnesses by the prosecution. Your attorney can’t
be a witness against you. Telling people about your arrest can damage
your reputation, upset your loved ones, and may jeopardize your job. You
should discuss your case only with your lawyer. Only a licensed CA attorney
is shielded from the laws that allow a D.A. to subpoena and cross examine
a witness in your case.
Q. Can you guarantee results?
A. Beware of any attorney who guarantees results. In the law, as in most
other areas of life, absolute certainty is not possible. However, the
best results in any case always come from a good professional relationship
with a competent attorney familiar with Drunk Driving defense in the area
in which your case will be heard.
Q. Can I get my driver’s license back?
A. Possibly. Each case has its own special facts, and there are valid legal
defenses that can be used against your DMV license suspension. One or
more defenses may apply in your case. Your Lawyer needs to request and
obtain an administrative per se hearing from the office of Driver Safety.
In the South Bay, all hearings are held in the El Segundo Driver Safety
office on North Sepulveda Blvd.
Q. What is the DMV APS hearing about?
A. The Police officer is required by law to immediately forward a copy
of the completed notice of suspension or revocation form and any driver
license taken into possession, with a sworn report to the DMV. The DMV
automatically conducts an administrative review that includes an examination
of the officer's report, the suspension or revocation order, and any
test results. If the suspension or revocation is upheld during the administrative
review, you may request a hearing to contest the suspension or revocation.
You have the right to request a hearing from the DMV within 10 days of
receipt of the suspension or revocation order. If the review shows there
is no basis for the suspension or revocation, the action will be set aside.
You will be notified by the DMV in writing only if the suspension or revocation
is set aside following the administrative review.
The DMV has the right to suspend or revoke your drivers license if you
don‘t challenge the action. To do this, they decide whether the
police officer had a legal right to stop you and a legal right to arrest
you in San Luis Obispo. Then, depending on the test you took, they also
decide whether your blood alcohol content was legally above the limit.
DMV Hearings for test refusal cases are held in much the same way. An
experienced DUI attorney can show proper procedures were not followed,
or that the blood or breath test was not administered in compliance with
state regulations, in doing so the test can be thrown out. Our expert
lawyers handle cases in Pismo Beach, San Luis Obispo, Arroyo Grande, Paso
Robles, Morro Bay, Grover Beach and Nipomo.
Q. What is DUI?
A. Drunk driving and DWI are common words in our every day speech, which
should tell us something about the extent and familiarity of this growing
problem. DUI defenders will tell you that the term drunk driving has many
official names including, DWI (Driving While Intoxicated), DUII (Driving
Under the Influence of Intoxicants), OMVI (Operating Motor Vehicle Intoxicated),
and OUI (Operation Under the Influence), and other acronyms OWI, DUIL,
DWUI. These web pages primarily use the expression, DUI (Driving Under
the Influence). All of these terms are used to describe an offense involving
being arrested by the police after driving and consuming an alcoholic
beverage. California has two primary offenses that constitute the crime,
those are Vehicle Code 23152(a) and 23152(b). For those under the age
of 21 the main statute that applies is VC 23140, this section makes it
an infraction to drive with any measurable amount of alcohol in your blood
if you are below the drinking age, it is often referred to as the "
zero tolerance " law.
Q. Is a DUI always a misdemeanor or minor offense?
A. Certain drivers may face felony DUI / DWI charges after a California
drunk driving arrest. Anyone with three prior drunk driving convictions
within the past 10 years will be charged with a felony after a fourth
arrest. A driver who causes injury to another person also may face felony
charges. A DUI / DWI with an injury is considered a "wobbler"
offense in California, meaning it may be charged as either a felony or
a misdemeanor. Also, any motorist who has been charged with felony driving
under the influence (DUI / DWI) within the past 10 years will be charged
with another felony for any subsequent drunk driving arrests within that
time period.
Q. How will a conviction for DUI affect my car insurance?
A. Many insurance companies check your motor vehicle record only once every
three years or when you're applying for a new policy. Sometimes, accidents,
tickets, and drunk-driving convictions can escape your insurer's attention
or don't end up on your motor vehicle record. However, if your insurer
does find out about a driving under the influence (DUI) conviction, you're
likely to feel the pinch of higher rates and possibly policy cancellation
or non-renewal. Rates can be doubled or tripled, although this may be
a price-gouging tactic. Hiring the right lawyer will help to insure the
"pinch" of a conviction will not be in your future. When you
hire Matthew Ruff, you also get the benefit of how to deal with your insurer.
There are methods that can be used to ensure the DUI does not impact your
insurance in ways it otherwise could, call the San Luis Obispo DUI Attorney
today to discuss these and other issues.
Q. Can I be charged with DUI in a Golf cart?
Yes, many people flock to the Central Coast to drive on the sand and camp
in the many campgrounds in Oceano Dunes, Pismo State Beach and Guadalupe.
The Park Rangers are out in force enforcing Vehicle Code offenses even
though the driver may be in the sand or even in a Golf Cart or off road
vehicle. California law prohibits driving impaired due to alcohol or drugs
even if you are in a non traditional motor vehicle. Officers can enforce
Criminal laws, including drunk driving on the sand, in camping areas and
in the dunes. However, there are defenses that exist to fight arrests
that take place off road or when you are operating a golf cart. Matt has
been able to win these cases and get DUI charges dropped for clients in
all types of vehicles.
The Grover Beach Court has recently been consumed into the Superior Court
in downtown San Luis Obispo. All Pismo Beach DUI arrests now go to that
tribunal for adjudication. The DMV hearings are conducted in either SLO
driver safety office or in Oxnard. However, if the arrestee lives in a
city outside of the area then a hearing can be requested in their home
court. This procedure is called a change of venue and can be requested
as long as the demand is made within 10 days of the incident.
In recent years there has been an increase in arrests for drugged driving
or DUID in Pismo Beach, Grover Beach and in the Oceano Dunes areas of
San Luis. The legalization of cannabis has created more cases where officers
detect the smell of pot during a traffic stop and commence an impaired
driving investigation. The good news is Matt is a recognized authority
in Cannabis related driving under the influence charges. He has expertise
in the science and the laws pertaining to impaired driving and has a near
100% success rate in getting DUI charges dismissed, dropped and reduced
in marijuana cases.
Q. What If I Was Arrested in Pismo Beach For DUI, Can An Attorney Go To
Court For Me?
A. Yes, For over 25 years Matthew has been handling cases for clients where
they live in another county or even a different state. In one recent case
Matt defended a client arrested in Grover Beach California. The person
had a prior DUI 6 years prior in Bakersfield. Matt presented evidence
that the client had a "rising BAC", meaning his blood alcohol
level was getting higher at the time he was stopped. Matt showed he was
actually below .08 when stopped even though the Breathalyzer reading was
.11%. Matt saved his license by getting the suspension "set aside".
Q. I was riding an ATV in Oceano Dunes and arrested for DUI, is this legal?
A. Yes, California law includes off road vehicles such as Razor and motorcycles
in the definition of Motor vehicles. The State Park Police will patrol
the sands and stop vehicles for speeding and other violations. If alcohol
is smelled on the driver's breath they will undertake an investigation
for DWI. The officers who patrol the beach are usually equipped with portable
breath testing equipment to check blood alcohol levels at the scene of
arrest. The California State Park Police will typically have access to
portable breath test machines in their vehicle.