DUI Blood Test Errors / Challenging Results


San Jose DUI Blood Test Lawyer

DUI Defense Attorney Challenging Blood Test Results in Santa Clara County

When you have been stopped under suspicion of driving under the influence, law enforcement may ask you to submit to a breath, blood, or urine test. While you may refuse to consent to a preliminary test, doing so may be risky as you may face potential consequences. However, if the stop results in your arrest on DUI charges, you are required to submit to chemical testing.

Attorney Nick Cvietkovich, having handled thousands of cases in his career, understands that the testing procedures and accuracy of blood tests may not be quite as reliable as many believe. He has worked with many clients whose charges have been dismissed thanks to his work in challenging blood test results.

Santa Clara County DUI Blood Testing Lawyer

Many drivers who are arrested for DUI agree to blood testing, believing that it is the most accurate method of testing for blood alcohol content (BAC). Determining a driver’s BAC is often a vital component to the prosecution of a DUI, as California law recognizes that operating a vehicle with BAC of 0.08 percent or higher is considered driving under the influence. While blood testing may be more accurate than breath testing when proper procedures are followed and equipment is properly maintained, the application of such testing, in practice, is far from perfect.

As a member of the California DUI Lawyers Association, Mr. Cvietkovich is prepared, when necessary, to challenge the results of your blood test on several possible grounds:

  • Substandard collection training: Collection of your blood sample should be conducted by an individual with appropriate and comprehensive training. Contamination during blood sample collection can create problems throughout the rest of the testing procedure;
  • Chain of custody issues: The collected blood sample must be properly accounted for throughout every step of the process. Missed documentation of custody transfers or improper handling of the sample may leave uncertainty regarding the specimen’s integrity, and therefore, that of the test;
  • Improper storage: Blood, tissue, and other biological samples must be stored under carefully controlled conditions. Failure to do so can significantly alter subsequent test results, especially if there has been a long delay between collection and testing. Bacteria, sugar, yeast, and other elements present in a blood sample can decompose or ferment, leading to results that have little to do with the driver’s actual situation; and
  • Poor equipment maintenance or testing procedures: Once in the lab, the specimen is generally tested using a device called a gas chromatograph, which requires careful calibration. Operating the equipment and analyzing the data also require specific technician training. A substandard approach to any these can lead to unreliable test results.

Knowledgeable Representation for Challenging DUI Blood Tests

At the Law Offices of Thomas Nicholas Cvietkovich, we know that challenging the results of a DUI blood test may seem like a complicated process. However, we can make it simple for you. Our team will examine the entire testing procedure, including the background of those responsible for collecting and analyzing your blood. We will even work to obtain the original blood sample so that it can be retested at a lab of our choosing.

If you have been charged with DUI in California and would like to have the results of your blood test challenged, turn to the team with the experience to help you. Contact our office at 408-898-9653 to schedule your free consultation. We will review your case and explore every possible option for your qualified defense.

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