Refusing a Breath or Blood Test

Santa Clara DUI Defense Attorney

DUI Defense Lawyer in San Jose Helping Clients Who Have Refused BAC Testing

Being stopped on suspicion of DUI can be overwhelming. Drivers may often be pressured by law enforcement to defend themselves and made to feel guilty even if they have done nothing illegal. However, understanding your rights when it comes to DUI stops is important, as decisions you make in those tense moments can affect the prosecution of your case and, potentially, your future.

The team at the Law Offices of Thomas Nicholas Cvietkovich has worked with hundreds of clients after their arrest for DUI, many of whom refused to submit to breath or blood testing. While such refusal may not always be in your best interest, if you have already done so, our office can help.

Aggressive Bay Area DUI Defense Attorney

Blood alcohol content (BAC) testing is frequently conducted during two very separate phases of a DUI stop. The seriousness of an individual’s refusal to comply is dependent upon the situation in which the test was refused. This is primarily due to the “implied consent” statutorily included in California’s driver licensing law. By exercising driving privileges, a driver implicitly consents to BAC testing under certain circumstances.

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 driver is likely to be arrested on suspicion of DUI and, in some cases, the refusal may be presented as evidence of the driver’s knowledge of guilt. Half-hearted or incomplete compliance with the test, such as not blowing hard enough into the device, may be construed as a refusal as well.

BAC testing upon arrest: Once a driver has been arrested for DUI, the implied consent law takes effect, requiring 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, and if convicted of the DUI charge, the act of refusal may result in additional criminal penalties. The subsequent penalties are dependent of the facts of the case and the DUI history of the driver.

Lawyer Providing Aggressive and Affordable DUI Defense in San Jose and Oakland

Attorney Nick Cvietkovich is a member of the California DUI Lawyers Association and is certified in DUI field sobriety testing procedures. He understands that a conviction of DUI is very serious but depends strongly on the following of proper procedure by law enforcement personnel. As such, he and his team are prepared to conduct a thorough investigation of the facts surrounding your case, including all of the details related to sobriety and chemical testing.

Armed with the right information, Mr. Cvietkovich will work on your behalf with prosecutors and legal officials to reduce or eliminate charges whenever possible. He will explore every possible option to ensure a minimal impact of your refusal to submit to BAC testing.

If you are facing charges of DUI and refused breath or blood testing, you need the help of qualified DUI defense lawyer. Contact the Law Offices of Thomas Nicholas Cvietkovich at 408-898-9653 and schedule your free consultation. Successfully navigating a DUI case is not easy, but with our experience and commitment to you, we can simplify the process and work for a favorable outcome.

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© 2019 Law Offices of Thomas Nicholas Cvietkovich | 111 North Market Street, Suite 300, San Jose, CA 95113 | 408-898-9653
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