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.

How Can I Challenge a DUI Blood Test?

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.

Drug Screening Questions? Call Our San Jose DUI Attorney Now

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.

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. 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.


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
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  • Represent wide range of criminal charges