Our San Jose DUI Attorney Serves Clients in Santa Clara County

Arrested for a DUI in California? Contact Us for a Consultation

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Driving under the influence of alcohol or drugs is a serious criminal offense. A conviction can have a severe impact on your life. It can affect your potential to find housing and employment in the future. Depending on the severity of your alleged crime, you may face financial penalties or even prison time. Even worse, field sobriety tests and blood tests are often faulty, which may result in a false conviction. With so much at stake, you should always contact an experienced DUI lawyer after an arrest. Our San Jose DUI attorney can scrutinize the evidence against you and help you mount a strong defense to protect your rights.

At the Law Offices of Thomas Nicholas 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. We serve clients throughout the Bay Area and Santa Clara County, including in San Jose, Santa Clara, Milpitas and Campbell.

Do I Need a DUI Lawyer for My Case?

You should seek help from a DUI lawyer as soon as possible after a drunk driving arrest. It may seem like your case is straightforward, but California DUI law is complex and every case is unique. Without legal training, you may not understand how best to defend yourself. Additionally, a DUI attorney can examine evidence and dispute faulty tests, if necessary.

You may also consider using a public defender, but this comes with problems. Public defenders generally have a high volume of cases. They will not always be able to give your case the attention it deserves for a favorable outcome. DUI arrests may lead to a criminal court case and license suspension proceedings through the Department of Motor Vehicles (DMV). You want a DUI lawyer ready to give your case attention.

Choosing the right attorney does not have to be difficult. The Law Offices of Thomas Nicholas Cvietkovich has been defending DUI charges for more than a decade. When you hire our San Jose DUI attorney, we bring proven advantages to your case.

We have regional experience, which can be a big advantage for your case. Our firm has the passion to successfully defend you through your charges, so you can move on with your life.

What Are the Penalties for Drunk Driving?

Operating a motor vehicle while under the influence of alcohol or drugs is against the law. A blood alcohol content (BAC) of 0.08 percent or higher constitutes “drunk driving.” The penalties for a DUI offense can be severe, and can significantly affect your daily life. Criminal and administrative consequences for a first-time DUI may include:

  • License suspension. Drunk driving carries with it a driver’s license suspension. This can happen even if it is your first drunk driving offense. Additionally, you may be required to install and use an ignition interlock device (IID).
  • Fines and other costs. The price tag on your ticket is just the beginning. Your insurance could be revoked, making it difficult to get your vehicle road ready. Otherwise, your insurer will almost certainly raise your premiums. If the court requires you to complete an alcohol treatment program, then expect to pay for that as well.
  • Jail or community service. There is a real chance you could go to jail for a DUI conviction. Sometimes, the courts will order hours of community service instead. Either way, these penalties will encumber your life.

There are many factors that can contribute to the consequences of a DUI case. These factors can include prior history and resulting injuries.

As a member of the California DUI Lawyers Association, attorney Nick Cvietkovich handles all types of DUI cases. This includes aggravated and felony DUI, cases involving commercial driver’s licenses and accident-related DUI.

Do I Have to Take a Field Sobriety Test?

It depends on the type of test involved and other factors. There are Standardized Field Sobriety Tests, which are a combination of three tests. You do not have to take the Standardized Field Sobriety Tests. In fact, it is highly recommended that you do not take these tests. It is easy to fail a Standardized Field Sobriety Test even if you are sober.

Regardless of whether you take the test, the officer may still opt to arrest you. The only difference would be that you did not provide them with additional video evidence by taking one or more of the Standardized Field Sobriety Tests.

What Happens at the California DMV Hearing After a DUI Arrest?

The California Department of Motor Vehicles (DMV) suspends your license after an arrest. You may receive a 30-day temporary license. After your arrest, you have ten days to contact the DMV and request a hearing. At the hearing, you may fight your license suspension. Fortunately, a San Jose DUI attorney can represent you at this hearing.

You should work with an attorney soon after your DUI arrest. This is especially true if this is not your first DUI arrest. While you can receive a license suspension for a couple of months for a first-time DUI, license suspensions for repeat DUIs can be much longer.

Is a DUI a Felony?

It can be. DUIs are wobbler charges in California, meaning they can be either a misdemeanor or felony. Depending on the circumstances, you could receive a felony conviction. There are aggravating factors, such as whether injuries or deaths occurred, that could result in a felony conviction. In addition, you may receive a felony for three DUI convictions in a 10-year period. You can learn more about when a DUI is a felony by exploring our website.

What Are Aggravating Factors in a DUI Case?

There are certain factors that could lead to steeper criminal penalties for a DUI. Some of those penalties are below:

  • Your blood alcohol concentration at the time of arrest;
  • Having prior DUI convictions;
  • Refusing a chemical test after an arrest;
  • Reckless driving;
  • Whether you are 21 years of age or older;
  • Whether children were present in the vehicle.

In some cases, aggravating factors could lead to a felony conviction. You should not wait to contact a DUI lawyer after your arrest, especially if there were aggravating factors. Contact us to schedule a free consultation with our San Jose DUI lawyer.

What Are Possible DUI Defense Options in California?

Your defense options depend on the circumstances surrounding your case. For example, some DUI testing equipment may be faulty or not properly used by the arresting officer. Inaccurate test results could be grounds to challenge a DUI.

Certain medical conditions could cause you to fail a roadside sobriety test. If the officer did not have reasonable suspicion to pull you over, then you may be able to mount a strong defense against a conviction.

Are You Facing a DUI Charge in San Jose? Call Our San Jose DUI Attorney

After a DUI charge, you need a lawyer who will answer your questions quickly and accurately, and who can develop the best defense possible. At the Law Offices of Thomas Nicholas Cvietkovich, our San Jose DUI attorneys use the resources available to help you save time, money and your reputation.

Attorney Nick Cvietkovich has handled more than 4,500 cases in his career. He can help minimize the impact of your DUI charge. He will work with prosecutors to have your charges and penalties reduced, if possible. Call our office today at (408) 898-9653. You can also contact us through our online form to schedule a free consultation.

Conveniently based in San Jose, we serve clients in Mountain View, Sunnyvale, Fremont, Milpitas, Campbell, Cupertino, Palo Alto, Los Gatos, Saratoga, Gilroy, Morgan Hill, San Francisco, Oakland, Hollister, Salinas, Monterey, Santa Cruz and other communities.


Nick is an excellent attorney who really cares for his clients and knows what he is doing. His experience can be easily noticed. He works tirelessly to achieve the best end results in every case. He is very straightforward and lets you know what to expect from beginning to end, it is a relief to speak to an attorney like him that is not just trying to retain your business, but genuinely cares for the people he works with. He has a great team of people working for him that are always willing to update you on your case and answer any questions you might have. If you want a great attorney who will not overcharge you and will get you the best results, call his office.

-Mari, Yelp

There’s not enough words to explain how grateful I am with Nick. He defended my husband in a 25 to life case. No matter how difficult it seemed Nick never gave up. He is very humble, respectful, honest and professional! He was always keeping us updated and letting us know of the status of the case. He would always return our calls and txt messages. Not like others lawyers that all they want is money. Thank you Nick for representing my husband and giving him a new opportunity to start all over with us. God bless you. Thanks to you the case was dismissed!!!

-Anna, Google

Nick is an incredible lawyer. I worked with Nick for about 2 years to have my case resolved. I selected him from conducting 7 interviews with a couple of other lawyers but I knew that he was the man for the job when I talked to him. I selected him after 2 interviews after I knew that he was an experienced lawyer and handled numerous cases within my charge. Nick is very thorough, professional, and always goes above and beyond for his clients. He is very exceptional and I would recommend Nick again in the future for any client that wants to either win, dismiss, or reduce any charges. I highly recommend Nick Cvietkovich.

-Ron, Yelp

When I got my second DUI, a friend of mine told me about Nick and how he is a great defense lawyer and would do whatever it took to get me the best deal. Upon meeting him, I already that I was in good hands. Throughout my case, he would keep me updated with any new information that would help my case and always be ready to answer my questions. He was very understanding with everything and helped me every way possible. Then when I got in trouble with driving without a license, I went back to him and he quickly took my case and did such a wonderful job. I was worried about what would have happened with me but Nick kept me calm and would make sure that I would be taken care. He is a great lawyer with great staff and is someone I recommend to anyone that is looking for a top notch defense lawyer. Thank you for everything Nick.

-Carlos, Yelp

I was pulled over by the police in San Jose about 4 months ago with a .09 blood alcohol level. I knew I had to get some help. This was my first time ever needing legal help. When I spoke with Nick he sounded like a nice guy. He was knowledgeable and offered a very reasonable price. So I went with him and hoped for the best. Little did I know I had just hired an excellent lawyer. He went to work right away. He made me feel comfortable and was always quick to get back to my questions and concerns and always kept me informed with the case. Four months later his strategy worked great. I had prepared myself for a DUI sentence but was hoping to get at least a wet reckless. I ended up walking away with a dry reckless and a small fine. My license was not affected either. I can’t thank him enough. Nick is a very intelligent, personable and clever lawyer. He knows the system well and was able to get me the lightest possible sentence. If I ever have any legal questions or need any legal help in the future, he will be my first call.

-Kelly, Avvo

I give 5 stars for Mr. Cvietkovich. My family was going through a terrible tragedy and on top of that had a legal issue that was time sensitive. I contacted Nick Cvietkovich and in just a few hours Mr. Cvietkovich got all the parties together and resolved the issues. Some things are worth more than money. My family and I owe Mr. Cvietkovich way more than he charged which was extremely reasonable. Everyone needs a lawyer that not only gets things done but gets things done quickly. Thank you Nick Cvietkovich – words cannot express my gratitude.

-Justin, Yelp

Why Choose Us

  • More than 14 years of experience
  • Have handled 4,500+ cases
  • Available 24/7
  • Top Accreditations
  • Represent wide range of criminal charges