Fail A DUI Blood Test?
San Jose DUI Blood Test Attorney Defends Against Allegations
Fail a drug screen or a drunk driving blood test? When you have been stopped under suspicion of driving under the influence, police may ask you to submit to testing. This could be a breath, blood, or urine test. Unfortunately, while you may refuse to consent to a preliminary test, doing so may be risky. You can face potential life-altering consequences if you do not handle a screening test carefully. Nonetheless, if the stop results in your arrest on DUI charges, you must submit to chemical testing. No matter the details of your arrest, our San Jose DUI blood test attorney can help.
At the Law Offices of Thomas Nick Cvietkovich, we have contested many blood-alcohol tests and other test claims. We know how inaccurate field sobriety tests can be. Our Santa Clara County attorney understands that the testing procedures and accuracy of blood tests may not be quite as reliable as many believe. Ultimately, our DUI blood test lawyer’s goal is to dismiss the charges against you by challenging sobriety tests. However, if that is not possible, then we can work to reduce charges against you.
Can I Refuse a Blood Test?
Refusing a blood test can be tricky. The U.S. Supreme Court issued a law that makes it illegal to refuse a blood test after a DUI arrest. However, there are some conditions for this. In addition, there are some things that can have a negative impact on your case, depending on the circumstances. For this reason, you should contact an attorney before you submit to any testing. A San Jose DUI blood test attorney will examine many issues that can help strengthen your defense. Some factors a lawyer will look at involve:
- Warrant: The Supreme Court ruled that law enforcement must get a warrant in order to require a blood test sample from the driver. However, police officers do not need a warrant if there are administering a breath test.
- Implied Consent: As a rule, every state has laws that require motorists detained on suspicions of impaired driving to submit to BAC testing. Depending on the state, you will have a different level of choice between breath and blood tests.
- Possible Penalties: You can receive penalties for refusing a test. However, this depends on your circumstances. Should you go to trial, a prosecutor may use your refusal to test as evidence.
Many drivers who are arrested for DUI agree to blood testing. Unfortunately, many people believing blood tests are the most accurate method of testing for BAC. After all, determining a driver’s BAC is often a vital component to the prosecution of a DUI. Under California law, operating a vehicle with a BAC of 0.08 percent or higher is considered driving under the influence. Blood testing may be more accurate than breath testing when proper procedures are followed and equipment is properly maintained. However, the application of such testing, in practice, is far from perfect. For this reason, you need an experienced professional to help mitigate risk.
Challenging a Blood Test
Since our attorney is a member of the California DUI Lawyers Association, you can be confident that we will pursue all lines of inquiry. We know how to challenge blood test results, with some possible grounds involving:
- 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.
- 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.
- 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.
- 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 of these can lead to unreliable test results.
If you have been charged with DUI in California and received a blood test, contact us today. We offer a free consultation so there is no risk in having us review your case. If you would like to have the results of your blood test challenged, turn to the team with the experience to help you.
At the Law Offices of Nick Cvietkovich, we understand that good people sometimes find themselves in tough situations. A DUI charge does not have to ruin your life. Our San Jose DUI attorney can help you defend yourself against drunk driving charges.
“Some things are worth more than money. My family and I owe Mr. Cvietkovich way more than he charged which was extremely reasonable. I give 5 stars for Mr. Cvietkovich.”
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, it does not have to be. We can make it simple for you. Our team will examine the entire testing procedure. This includes scrutinizing evidence and reports. We will look into the background of those responsible for collecting and analyzing your blood. Furthermore, our San Jose DUI blood test attorney can have professionals review the original blood sample. Afterward, if necessary, we can have your sample retested at a lab of our choosing.