Have You Refused a Field Sobriety Test?

Our San Jose DUI Defense Attorney Is Certified in Field Sobriety Test Procedures

Being stopped on suspicion of DUI can be overwhelming. For example, law enforcement often pressures drivers to admit guilt on the spot. Even if you have done nothing illegal, prosecutors can trump up charges to make you feel like you must admit guilt in order to avoid penalties. If you have been arrested for a DUI and refused a blood or breath test, you still have options available. Our DUI attorney in San Jose, CA can help you understand your rights. We can also help you build a defense that protects your best interests.

At the Law Offices of Thomas Nicholas Cvietkovich, we have helped hundreds of clients who were arrested for a DUI in the Bay Area. For years, our San Jose criminal law firm has highlighted facts that have strengthened our clients’ defense. Our success stems from our years of experience, reliable legal strategies and dedicated, personalized representation.

In addition, our San Jose DUI defense attorney is certified in DUI field sobriety testing procedures. This means you can be confident that we can find and uphold the facts when you hire our firm.

When Can I Refuse a Field Sobriety Test (FST)?

Your legal ability to refuse a sobriety test is largely determined by whether you are asked to submit to testing pre or post-arrest. These tests can require you to submit a breath, urine or blood sample. In general, before arrest, you have more options to refuse a field sobriety test. However, after an arrest, things can get more complicated. Some factors our Bay Area DUI defense attorney will consider depend on if you are:

  • Arrested for DUI. You can face a license suspension penalty of up to 3 years and a fine if you refuse a FST after arrest. The additional severity of your penalties will depend on prior convictions and if there is a reckless driving charge involved. In some cases, you can be found guilty even if there is no test proving your blood alcohol content (BAC) was above the legal limit.
  • Alleged DUI. As a rule, you do not need to submit to a field sobriety test if you are not under arrest. Nonetheless, police may ask you to go through a pre-arrest screening process. In most cases, the police will use a breathalyzer or similar device. This device tests levels of alcohol present. In these cases, it can work in your best interest to refuse the test.

What Factors Determine Possible Penalties When I Refuse a Blood Test in California?

Refusing a blood test can impact the severity of penalties and/or fines. Ultimately, law enforcement will consider the seriousness of your refusal to comply based on the situation in which you refused the field sobriety test. This is primarily due to the “implied consent” that is statutorily included in California state law. Since this is the case, the best way to protect your best interest is to contact our DUI attorney in San Jose, CA. Our firm can help you navigate implied consent mandates, some involving but not limited to:

  • BAC Testing Upon Arrest. After an arrest for DUI, the implied consent law takes effect. This requires the individual to submit to breath testing at the scene, or blood or urine testing at an available facility. Refusal to submit to testing after an arrest is much more serious. If convicted of the DUI charge, the act of refusal may result in more criminal penalties. The subsequent penalties are dependent of the facts of the case and the DUI history of the driver.
  • Preliminary Sobriety Testing. In conjunction with physical coordination tests, an officer may request that a driver submit to a breath test, commonly called a breathalyzer. At this stage, a driver may refuse the breathalyzer without specific penalty under implied consent. The officer may arrest the driver on suspicion of DUI. And, in some cases, the police may present the refusal as evidence of the driver’s knowledge of guilt. The officer may also construe a half-hearted or incomplete compliance with the test, such as not blowing hard enough into the device, as a refusal as well.

Still Have Questions? Contact Our San Jose DUI Defense Attorney for a Free Consultation

Have you been arrested for a DUI or facing DUI allegations? Have you refused a blood, urine or breath sobriety test and have concerns about your rights? You do not need to have your life interrupted by these allegations. Our firm can scrutinize evidence and look for blood test errors or other issues that can help bolster your defense. Our Bay Area DUI defense lawyer, attorney Nick Cvietkovich, is a member of the California DUI Lawyers Association and is certified in DUI field sobriety testing procedures.

We understand that a conviction of DUI is very serious but depends strongly on the following of proper procedure by law enforcement personnel. For this reason, our legal team is prepared to conduct a thorough investigation of the facts surrounding your case, including all of the details related to sobriety and chemical testing. If you are facing DUI charges and refused breath or blood testing, we can help. Contact us online or call the Law Offices of Thomas Nicholas Cvietkovich at (408) 898-9653 to schedule your free consultation.


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