Boating Under the Influence DUI Attorney

In California it is illegal to operate any watercraft on navigable waters while under the influence of alcohol or drug or combination of both.  What constitutes “under the influence “?  The law defines this term as anyone who, because of alcohol or drug intoxication, is impaired to the degree that he or she can no longer operate a watercraft with the caution characteristic of a sober person under similar circumstances.  Knowing when a person reaches this level is a question that a jury ultimately must decide and can be subject to opinion and conjecture.  Matthew Ruff is an authority in the area of casting reasonable doubt on the state’s case in drunk boating prosecutions.

This area of the law is very unique and distinguishable from driving under the influence of motor vehicles.  Matthew Ruff has 25 years experience defending good people accused of crimes involving the misuse of alcohol and he is an expert in cross examination of the arresting officer on sobriety tests and all chemical tests including breath testing, blood tests, urine testing for both drugs and ethanol and preliminary alcohol screening (PAS) devices of all kinds including the Alcosensor 4 and 5.

Regardless of the type of craft, Matt can help.  Jet Ski, fishing boat, he has handled cases of all types. Matt can often go to Court for you, saving you the stress and worries of appearing before a Judge.

 If you or someone you love is facing a BUI in California, any Court, including Long Beach, Torrance, Catalina, Santa Clarita, Kern County, Los Angeles County or any other Court in the state, call Matt for a free case assessment and consultation about the ins and outs of boating under the influence defense and the law.

Matt can be reached on his cell at 310-686-1533.

Can You Beat A License Suspension on a DUI?

In California the law requires that a drivers license be suspended for up to three years if a person is arrested for DUI and completes a chemical test that is above the legal limit or refuses to complete a test upon the request of a police officer.  The DMV requires that a person request a formal hearing to challenge the requisite suspension and prove that the Department’s evidence is insufficient to justify the action. Statewide the success rate in winning a DMV hearing is very low.  However, experienced lawyers often prevail much more frequently.
Below is a recent case where Matthew won the hearing on a zero tolerance DUI probation case because of an evidentiary issue he uncovered in the State’s paperwork.

Arrested For DUI or Criminal Charge on Catalina Island?

Top DUI Attorney on Catalina Island 

In search of a criminal defense attorney that can fight charges brought against you on Catalina Island?  Matthew Ruff can help.  Matt has over 25 years experience fighting all types of criminal charges in California.  Matt is a Top Rated Nationally Recognized Lawyer with unparalleled skills and local connections to ensure you get the best results in your case.  The Court in Avalon is part of the Los Angeles Superior Court System and typically only hears cases every other Friday.  If you were released on the Island and given a date to appear in the future to answer to allegations of Public Intoxication, DUI, Theft, Domestic Violence, Drug Possession or any other misdemeanor or Felony charges call Matt for a free case review and assessment of your options and legal defenses.

               Call Matt Direct on His Cell 310-686-1533

Arrested on Catalina Island?  You Need the services of an experienced criminal defense attorney who can appear for you and fight the charges.  As COVID restrictions ease many people are resuming travel to the island and blowing off some steam having been cooped up for a year or more.  When your vacation results in an unexpected arrest you need an advocate to defend your rights, keep your record clean and save your license.  Criminal Lawyer Matthew Ruff has defended dozens of cases on Catalina ranging from public intoxication, DWI, Drug Charges, Assault, resisting arrest, theft, fishing violations, Domestic Violence and many others.  

Every year thousands of people flock to the Island of Catalina for fun in the sun, fishing, boating and nature.  The land is part of the State of California and law enforcement is provided by the Los Angeles Sheriff.  Criminal statutes are strictly enforced and many folks are arrested and cited for various infractions, misdemeanors and felony offenses.  Matthew defends all criminal violations originating on the Island and the Surrounding Pacific Ocean.  If you have questions about the next steps, wondering if driving a golf cart while drunk is a real crime, or other concerns such as how you are going to find the time to show up in Court, Matthew can help.

During their stay on the island many visitors will rent a Golf Cart to tour the local attractions such as Descanso Beach or Chimes Tower or Avalon Canyon.  The vendors do little to verify your level of intoxication before renting the cart and you drive off for a fun ride.  Unfortunately, if an accident happens and the LASD show up they might smell alcohol on your breath and administer field sobriety tests, if you fail they will arrest you and take you to the local station for a breath or blood test.  In California if a driver is arrested for driving under the influence they are required to submit to a chemical test to determine the alcohol content of their blood, if the officer suspects drugs such as marijuana he or she can also require a urine or blood test in addition to a breath test.  If you are an out of state resident you may decide to refuse all testing, however that can present separate issues with regard to your driving privileges.

If you were arrested for DUI in a Golf Cart in Avalon Attorney Matthew Ruff can help.  Is it illegal to drive a golf cart while under the influence?  Yes, the CA Vehicle Code defines a “vehicle” broadly as any device that is propelled by anything other than human power.  In California it is possible to be charged with drunk driving in a golfcart if you are on a public roadway or a location accessible by the public and are driving when you are a .08 or higher BAC or are under the influence of alcohol or any drug.  Fortunately Matt has 25 years experience defending good people charged with these offenses.  For example, Matt was hired recently by an out of state resident arrested for DWI in Avalon while on vacation.  The client searched online and found that Matthew was a local attorney who defended cases on the island.  She hired Matt and was able to avoid traveling back to California for the arraignment.  Matt also recently represented a client charged with Public Intoxication after he was found in someone’s backyard in Avalon extremely inebriated.  After some wrangling with the DA Matt got the case dismissed so it wouldn’t affect the client’s criminal record.

Call Top Rated Catalina Island DUI Attorney Matthew Ruff Directly at 310-686-1533

The Island of Catalina has its own Court which handles all criminal cases originating on the Island.  However, all Felony cases are transferred to Long Beach Court on the mainland.   Other charges such as Public Intoxication, assault, Domestic Violence, Fish and Game Violations including poaching and lobster offenses and drug related charges are also prosecuted by the local District Attorney in Avalon.  The Island also sees a fair number of boating under the influence cases, sometimes referred to as BUI, Matt has extensive experience fighting these cases.  The Court is part of the Los Angeles Superior Court system.

California Vehicle Code 23152 is the applicable law for driving under the influence, the crime is a misdemeanor.  If injury was involved the offense is 23153, this offense can be either a felony or a misdemeanor depending on the severity of the alleged injury.  Matthew Ruff has been successful in many cases to have the charges dropped or reduced if the circumstances warrant such relief.  Most cases involve a breath test and Matt is very knowledgeable in challenging the machine used which is a Datamaster Device.

If you were issued a citation to appear in the Catalina Court the law allows for a private attorney to appear for you, thereby saving needless travel expenses.  Matthew has handled countless cases in the Avalon Court and knows the local DA and Judge that will be Hearing your matter.

Call Catalina Island Criminal Defense Attorney Matthew Ruff Direct at 310-686-1533

Top Tier Catalina Criminal Defense Attorney Matthew Ruff has the experience defending cases in the Avalon Court before Judge Mirich and Deputy District Attorney Karen Brako.  This experience equates to a better result in your case because he knows the individual proclivities and personalities of the decision makers.  For example, in a case involving possession of drugs the lawyer will take a certain approach that has been effective in the past with that kind of case.  In a public intoxication case a distinctly different approach will be taken in order to try an get charges dismissed or dropped.  Hire the law firm that has the 25 years of experience getting results for clients charged with exactly the thing you are facing.

Matthew’s experience handling serious cases recently paid off for a client who hired him on a Felony DUI with Injury case out of Catalina.  The client was from out of state and vacationing in Avalon when an accident occurred with the golf cart, causing the ejection of the passenger on to the street.  A breath test revealed a high BAC above .20.  Matt fought the case, both at the DMV and in Court.  He got the felony charges dropped and beat the case at the DMV license suspension hearing. In another recent case Matt defended a young lady arrested for DWI in a golf cart on the island near downtown.  The client refused to submit to a chemical test and was booked.  Matthew fought the case arguing his client was not driving the vehicle at a time her BAC was at or above the legal limit and was able to get ALL CHARGES DROPPED in June 2022, the best part about it is she never had to come to Court!

 If you or a loved one is facing an upcoming case, call Matt directly at 310-686-1533, in many cases he can appear in Court for you, thereby avoiding expensive travel and time off from work.

Getting an SR-22 For Reinstatement of Your License

In California, before the DMV will reinstate a person’s driving privileges following a DUI the individual must file what is called an SR-22 with the Department.  An SR22 is formal proof that the person has the minimum requirements of insurance coverage required by law.  There are many ways to get the SR22, according to the experts some are better than others.

One way to get an SR22 is to simply call your current carrier and let them know you want them to file it for you.  This approach works fine for folks who were involved in an accident as part of the DUI and therefore their insurance company is already aware of the incident. However, if your insurance company is unaware of the arrest some experts believe it is imprudent to let them know because they may cancel you or increase your premium.  This leads us to another option.

There are many insurance services that exist to find an alternative route for clients to obtain an SR22 in a more affordable manner.  These companies are out there and you can conduct your own research by googling SR22 Providers on the Internet. Most insurance experts agree in many cases it is best to get the SR22 before the suspension hits your driving record.

Here are some companies that clients have used in the past:

Cliff Jones

Fresh Start Insurance Services, Inc.

3855 E. La Palma Ave. ste.234

Anaheim, Calif. 92807

Office-(844) 44-FRESH (37374)

Direct- (657) 220-9317

Mobile-(310) 529-1049

cliff@freshstartins.com

Breathe Easy Insurance 

+1 (857) 891-8608

Please be aware that our office does not endorse these companies and we do not receive any kind of referral fees from them.  It is best to talk with as many people in the industry to see what route works for you in your case.

New California IID Law, SB-1046 Allows First Time DUI Offenders to Keep License

As of January 1, 2019, SB-1046 becomes law in California.  The new law has important implications for first time DUI offenders since it allows the person to keep their driving privileges as long as they install an ignition interlock device in their vehicle.  Prior to the passage of this law offenders faced the possibility of losing their driving privileges for a minimum of 30 days before they could request an early reinstatement.  SB-1046 allows the person to avoid this hardship by installing an approved IID (either prior to or after a conviction).


An Ignition Interlock Device is a piece of hardware connected to your vehicle’s ignition system that prevents the car from starting if the driver has alcohol in their system.  The in car breathalyser will lock out the ignition if the driver blows a .03 or higher, much less than the state limit of .08.  For more information about IID devices and where to find them, visit my page discussing IID in California.

So, here is the important question:  When is the soonest I can get my license back in California if I am arrested for a DUI? Starting in 2019 a first time offender for driving under the influence can get reinstated almost immediately if they get an IID installed in their car, file proof of insurance by way of an SR22 and pays the required fees.  However, before you do this it may be prudent to consult a lawyer who can stop the suspension and review the case for possible defenses that could result in the charges being dropped or reduced, thereby eliminating the need for an ignition interlock altogether.

To recap: First time offenders over the age of 21 who were arrested for VC23152 and submitted to a chemical test will now have two options for reinstatement of their license under California SB-1046:

1.  Install an IID ( Ignition Interlock Device) in their vehicle prior to a conviction in Court and avoid the 30 day hard suspension previously required under the APS laws.

2.  Serve a mandatory 30 day APS suspension and accept a 12 month suspension with a restriction that allows the person to drive only to and from work and the mandated DUI classes.

This new SB1046 legislation is a major change to the previous laws in California that required an offender to be without a license for a month unless he or she could win the DMV APS Hearing.  Under the new law offenders who immediately install an IID will regain their driving privileges without having to serve the dreaded “hard suspension” as previously required, meaning there is no interruption in their driving privileges.  The law allows for this early license reinstatement to be modified in specific cases by the Court and DMV.  Final implementation of the new law is being worked out and may be changed subject to Judicial approval.


What is bad for the rest of the state is good for Los Angeles County.  Prior to the new law only LA County and a handful of other jurisdictions required the IID mandatorily.  Under the new law all counties will be required to participate.  First offenders must keep the ignition interlock in their car for 6 months.

The new IID Law in California also requires installers to provide low cost alternatives for those who qualify and can show they lack the income to pay the regular costs of monitoring, typically $50-$100 a month.

It is important to reiterate that this new mechanism for early reissue of your license applies only to drivers over 21 who submitted to a chemical test.  If you refused a test you may not be eligible for this early reinstatement.  Every DUI case has unique defenses and potential issues so it is important to speak with a lawyer about your specific case in order to understand the options available to you.

My question is why is California implementing a statewide requirement of IID installations when the studies of the initial pilot program concluded IID requirements did not impact recidivism for DUI offenders.

Why Was My DMV Hearing Postponed?

The purpose of the DMV hearing is to fight the suspension of your drivers license following a DUI arrest.  California law requires that the DMV suspend your license from anywhere from 4 months to 3 years depending upon the facts of the case and your driving record.  At the hearing the Department will consider the police report and other evidence submitted by the arresting officer such as the breath test results, blood test results or evidence that you refused the test and any other observations.

As your attorney it is my job to do everything I can to fight the suspension and keep you driving.  In order to do that I put together legal defenses and objections to the evidence submitted by the arresting officer.  I challenge every aspect of the case that can lead to winning the hearing.  Sometimes I have a conflicting Court appearance or another hearing that interferes with your hearing and for that reason a continuance is granted. In other cases a witness may be unavailable or unable to attend, this to can be a reason the hearing is postponed.  There are many reasons that can exist to cause the hearing to be continued to a new date.

When will the new hearing date be set?  Once a hearing is postponed it takes at least a couple weeks for a new date to be agreed upon.  The DMV contacts me and requests a certain hearing date and time and if that date is agreeable with my schedule it is set and you are notified by mail.

Is a continuance of the hearing beneficial?  Absolutely, when a hearing is rescheduled your license remains valid.  Also, the more time that goes by is more favorable to the client because if evidence is presented by way of a police witness they are less likely to remember details, also, sometimes evidence gets lost which obviously benefits the accused.

Things I Can Do To Help My Attorney in My DUI Case

A DUI arrest can be a very scary experience to say the least.  The night in jail, the trauma of being handcuffed in public and placed in a police car, all of these things can lead to anxiety and stress.  But the worst is over, you’ve hired an attorney who has over 25 years experience fighting and winning drunk driving cases and you can rest easy knowing everything is being handled to protect your rights and ensure a favorable result.

Here are a few things you can do to assist Matthew in preparing for and defending the case, both in Court and at the DMV:

1. Prepare a brief CONFIDENTIAL statement of the incident.  Since the events are still fresh in your mind you should write out a couple paragraphs about what led to the police contact, include anything you think is important for the attorney to know.  Remember, the police officer wrote a full report detailing the facts as he perceived them, this is your opportunity to prepare your version of the event so the attorney can have that in his file.  The statement can be very informal in the way of an email or electronic format in notes, pages, or whatever app is convenient for you.  Email the statement to matthewruffesq@gmail.com while your recollection is still fresh.
2. Prepare a brief biography of you.  This allows the lawyer to have personal facts about you that allows him to humanize you when talking to the DA or the Court about your case.  Include where you grew up, where you went to school, your work history, and volunteer work you may have done, awards you may have received, etc..  Remember, the DA is only going to see you through the report the police write which is not going to show you in the best light.  Provide some positive background to Matt so he can have that at his fingertips when he is discussing your case.  A Resume or CV could also be provided in lieu of the history.
3. Let Matt know if you have ANY medical problems such as diabetes, acid reflux, GERD, joint or muscle conditions, recent dental work or any medical procedure on or near the date you were arrested.  Some medical conditions can affect the sobriety tests or chemical test that may have been administered.
4. Make sure Matthew has all of your contact information and notify him if it changes at any time.  Make sure we can get in touch with you to update out about your case.
5. Notify Matthew if you receive any correspondence pertaining to the case.  Oftentimes the DMV or Court will send you information directly, so be sure to contact the attorney if you receive any mail or notification relating to the case.
6. KEEP THE ARREST TO YOURSELF.  The arrest is just an accusation, you've not been convicted or adjudicated guilty.  Therefore, there is no need to tell your insurance company (You may need to notify them of any collision, however the DUI arrest is not something you should volunteer), your employer, or anyone else about the case, unless you have some contractual duty to do so such as a written agreement to notify your employer or some other obligation such as a professional license requirement.

Thank you again for allowing us to represent you in this matter.