Can A Search Warrant For Blood in a DUI Be Challenged?

Ever since the US Supreme Court announced that forcibly withdrawing blood from a drunk driver is illegal, police all over the State of California have been obtaining search warrants to draw blood in driving under the influence cases.  What I have seen though is many officers are not putting enough information in the warrant affidavits to satisfy the legal requirements of probable cause.  To understand what I am talking about, let’s go into what the law requires for the issuance of a search warrant.

In order for a warrant authorizing a search to be valid the officer seeking it must convince a judge that “probable cause” exists to believe the place or persons to be searched contain evidence of a crime.  Probable cause is generally defined a a “fair probability” that evidence may be found to support a crime.  Probable cause must be established with facts, not conclusions.  What many officers are doing is providing conclusionary statements in the affidavit such as the person was displaying “symptoms of intoxication” instead of articulating the actual observations to let the judge decide.

A “bare bones” affidavit contains nothing more than conclusive statements which lack the facts and circumstances from which a judge can independently determine probable cause. Most affidavits in DUI cases are pre-printed, check the box type forms and therefore officers get lazy in articulating sufficient facts.

As a general rule, a warrant that is issued on insufficient probable cause is subject to a motion to quash.  However, the District Attorney will try to save the warrant by arguing the officer acted in good faith on the judicially authorized warrant and therefore the evidence should not be suppressed.

In response to that argument Counsel should argue that good faith doesn’t apply when the facts show that no reasonable officer would have believed probable cause existed.  This is where the attorney should get into his training and establish he is taught to articulate his or her’s basis to believe probable cause existed, though facts not conclusions.

Torrance DUI Attorney Matthew Ruff has over 25 years experience fighting and winning suppression motions in drunk driving cases throughout California, including Redondo Beach, Los Angeles, Palos Verdes and Manhattan Beach CA.

Can Police Take Blood From an Unconscious DUI Suspect Without a Warrant?

Yes, according to the United States Supreme Court.  In the case of Mitchell vs. Wisconsin the Justices resolved a long standing issue as to whether law enforcement could perform a warrantless blood draw on a DUI suspect if they are unconscious and unable to give valid consent. 

 The facts of the case are not that uncommon:  Police received a report that Mitchell, who was under the influence of alcohol, climbed into a car and drove away. When found, Mitchell was wandering near a lake, stumbling and slurring his words. A preliminary field breath test revealed a BAC of 0.24% and Mitchell was arrested. On the way to the police station for a more reliable breath test, he lost consciousness and was taken to the hospital instead. His blood was drawn and reflected a BAC of 0.22%. After he was charged with drunk driving offenses, Mitchell moved to suppress the blood test results as obtained in violation of the Fourth Amendment. The State relied on its implied consent law to justify the blood draw. The motion was denied and Mitchell's subsequent convictions were upheld in state court. The U.S. Supreme Court granted certiorari. Held: Vacated and remanded. A blood draw is a search of the person. The Fourth Amendment guards against unreasonable searches and generally requires that a warrant first be obtained. However, the exigent circumstances exception to the warrant requirement applies when the compelling need for official action renders a warrantless search reasonable. In drunk driving cases an exigency exists when (1) BAC evidence is dissipating and (2) some other factor creates pressing health, safety, or law enforcement needs which take priority over a warrant application. Both conditions are met when a drunk-driving suspect is unconscious because this creates a medical emergency requiring treatment and will usually involve the drawing of blood anyway. This could delay the application for a warrant which might distort the evidentiary value of a blood draw. There may be an unusual case where a defendant can show that his blood would not have been drawn if police had not been seeking BAC data, and that police could not have reasonably judged that a warrant application would interfere with other pressing duties. Because Mitchell did not have a chance to attempt to make this showing, the case was remanded for this purpose. ( Courtesy of CCAP).

This case will set the tone for state Courts in deciding whether implied consent laws allow for blood draws without a warrant under their individual state statutes.  In California the Supreme Court is currently deciding that issue in the Arredondo Case.

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 30 plus 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 30 plus 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:

Feel free to mention I am representing you and sent you their way.

Cliff Jones

SR-22 Consultant 

Mobile- (310) 529-1049

Kris at

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 30 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.

How To Get Your License Back After a Second DUI

Torrance DUI Attorney 

California will suspend your license for up to three years after a second DUI within a 10 year period. However, there is a way to get it back as soon as 90 days if you meet certain criteria.  First, you must have taken a breath or blood test.  If you were marked as a refusal the early reinstatement does not apply.  Second, you must not have been convicted of DUI with injury and the DUI must have involved alcohol, not drugs.

You must wait 90 days after the Court resolution in order to seek an early reinstatement.  You will generally get 2 letters from the DMV.  The first is the APS suspension, that is one year.  The second is the Court suspension, that is two years, however they run concurrently.  

Assuming the Court case and administrative hearing process are both resolved here is what you need to do in order to get your license back after a second DUI in 10 years:

1. Get enrolled in the 18 month second offender DUI school ordered by the Court.  Take your paperwork from the Court to your chosen class and make sure they file the correct form with the DMV, they will sometimes give you the official form which you can file yourself, but you are paying them a fee so they should do it for you.  If you are a California resident you should confirm the class satisfies the requirements of the DMV. If you are a non-CA resident be sure to speak to your attorney about the options you have. Make sure the program also files the enrollment certificate with the Court as well. You must do this within 21 days of the resolution in Court so do not delay.
2. Make sure you have an SR-22 filed with the DMV.  An SR22 is nothing more than an official proof that you have the minimum required proof of insurance mandated by the DMV.  It is best to get the SR22 as soon as possible.  You cannot simply send in the little card you got from the insurance company, that will not be sufficient.  The proof must be sent in by the insurance company in order to comply with CA law.
3. If the offense occurred in Los Angeles County you must install an ignition interlock device in your vehicle.  The DMV will check to verify the ownership of any vehicles registered to you or any person at the home in which you reside and have access to.  If you do not own any vehicles, use any vehicle or have access to any car at the residence there is a waiver which you can fill you and send to the DMV, but the State will not reinstate your license unless and until you install an IID in a vehicle you drive
4. You must pay a re-issue fee to the California Department of Motor Vehicles.  This fee  ranges from $140 to $240 dollars and must be submitted in order to receive your original license.
5. Ensure you have no outstanding tickets or "holds" on your license such as tickets you never paid or any FTA or failure to appear.

Remember, you must first endure a 90 day hard suspension during which time you cannot be caught driving otherwise your vehicle will be impounded at you will be facing a new Misdemeanor charge.