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Why You Need the DUI Attorneys at Kapsack and Bair

Successfully representing a California DUI case requires a high degree of skill, experience, and understanding of the state's DUI law. By specializing in DUI defense, Bruce Kapsack & Hudson Bair provide responsive, top-quality legal advice and representation, 24 hours a day, seven days a week, in all counties in the San Francisco Bay Area. In our many years of experience, we have successfully defended every type of case imaginable - from over-the-limit breath, blood, and urine tests to test refusals, from good driving or bad driving to no driving.

The law firm of Kapsack & Bair has amassed an enormous pool of information on testing devices and laboratory procedures. We are the only San Francisco Bay Area firm to have taken sworn testimony from Dr. Marceline Burns, the woman who "invented" field sobriety tests. We are also the only firm with an Intoxilyzer 5000, similar to those used by many of Northern California law enforcement departments.

Get the DUI attorneys who know the law, have a proven track record of successful DUI defense, and are willing to go the distance for you.

If you are charged with a DUI in Northern California, call Kapsack & Bair today.

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Read Bruce Kapsack's DUI Blog | Email Bruce Kapsack

Bruce Kapsack is the senior partner of Kapsack & Bair, LLP an AV rated firm practicing exclusively in DUI / DWI Defense. Mr. Kapsack pioneered many DUI defense strategies currently used by other California attorneys as well as law firms throughout the country.

He is:

The first California attorney to take and pass the American Bar Association's Board Certification exam for DUI Specialization;

• The first California attorney to write for both California Drunk Driving Laws (James Publishing) and California Drunk Driving Defense (Thomson-West Publishing), the two seminal works for California DUI defense strategies;
• The first California attorney to author supplemental editions of California Drunk Driving Defense;
• The first California attorney to become an Instructor of Standardized Field Sobriety Tests (SFST's) under the guidelines of the International Association of Chiefs of Police (IACP) and the National Highway Traffic Safety Administration (NHTSA);
• The first California attorney to qualify as a DRE under DrugEnsic Systems;
• The first and only California attorney to own and operate the Draeger 7410 and 7110 Breathalyzers;
• The first California attorney to own, operate and use in court an Intoxilizer 500 breath machine designed to measure blood alcohol content (BAC);
• The first and only California attorney to depose Marceline Burns, the inventor of field sobriety tests;
• One of the first attorneys to be trained as a user and maintenance technician of the Alco-Sensor IV hand held roadside BAC breath machine;

In addition to the above milestones, Bruce Kapsack consulted on a number of precendent setting DUI cases including State v. Dahood (NH), People v. Chun (NJ), Bruce has worked and/or lectured with virtually every major expert in the DUI arena, such as:

• Dr. A.W. Jones — foremost expert in DUI
• Dr. Kurt Dubowksi — foremost prosecution breath expert
• Dr. Richard Jensen — foremost defense breath expert
• Dr. Michael Hlastalla — foremost pulmonary expert
• Dr. Fran Gengo — noted pharmacologist
• Dr. Al Staubus — noted pharmacologist
• Dr. John Churchill — New Zealand's top breath expert
• John Fusto — owner Datamaster corp
• Hansulei Ryser — inventor Draeger breath machine
• Norm Forte — California top roadside breath expert
• Dr. Marceline Burns — inventor field sobriety tests

When not defending clients, Mr. Kapsack writes and teaches other attorneys the keys to successful DUI defense. Mr. Kapsack's novel developments in science, law, and courtroom technique are frequently used by attorneys across the United States. In fact, virtually every DUI defense attorney in California has been trained by, read the works of, or attended one of Mr. Kapsack's lectures. His lectures for both the State Bar and for the California Public Defenders are among the best attended and they are videotaped and used for continuing education and training. Mr. Kapsack has been asked to write for DUI and criminal publications in California, where he writes the regular update on California DUI for the Public Defenders, and other states including New York, Nebraska, Ohio and nationally for The Champion magazine.

Currently, Bruce is under contract and almost done with a new nationwide DUI defense book through James Publishing. He is also at work on a new California DUI book for Thomson/West publishing.

Bruce graduated with honors from Plymouth State College in 1984 with a BA in Interdisciplinary studies. His Juris Doctorate was awarded to him from Washington College of Law at the American University in 1987 where he not only completed the usual curriculum, but also participated in clinical work which led him to argue before the 4th Circuit Court of Appeals.

After graduation, he was hired by the Bronx Legal Aid Society as a public defender where he rose to the level of Senior Trial Attorney in under five years. Until his resignation, Bruce was undefeated in trial which led to respect from judges and fear from prosecutors. Mr. Kapsack maintains his connection with public defenders by writing and lecturing as mentioned above, but also by regularly going to local PD offices to present half day seminars on defending DUI cases. 

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Read Hudson Bair's DUI Blog | Email Hudson Bair

Hudson T. Bair, a California native, went to law school at Golden Gate School of Law located in San Francisco, California. He graduated in 1994 and was admitted to the California Bar in December of that same year. Following graduation, he worked on behalf of individuals injured by work-related contact with asbestos. While representing these individuals he became acutely aware of medical issues relating to lungs, specifically impaired lung function due to asbestos and other occupational causes. That interest led him to the area of breath testing, specifically breath testing for the presence of alcohol. In 1997, he joined with Bruce Kapsack to form one of the top defense firms in California, focusing exclusively on defense of driving under the influence charges.

Mr. Bair has continued to focus on driving under the influence cases. As a member of the Association of California Deuce Defenders and the National College of DUI Defense, he frequently attends training sessions presented by these organizations.

To further his skills and training, Mr. Bair has also achieved certification as a Drug Recognition Screener. This very specialized training significantly elevates the chances for success in cases where alcohol is not the suspected cause of the driver's impairment.

In June of 2000, Mr. Bair received certification as an Instructor in Standardized Field Sobriety testing (SFST). Completing a rigorous, forty-hour training session that included both classroom and practical training in the proper administration and use of SFST's.

Mr. Bair knows that his continued emphasis on education in the area of DUI defense strengthens his skills at negotiation and trial. Knowledge of the latest issues with regard to breath and blood testing, friendships with many of the top state and national defense attorneys and hard work are the best tools for a successful outcome to your case.

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Questions about how to handle your California DUI case? We have answers. Read through our list of frequently asked questions-then call Kapsack & Bair to schedule a free consultation.

What are my Options?

Unless you are willing to accept the maximum DUI penalties, you should ask the judge for time to find an attorney. Qualified legal representation can assist you in exploring various DUI defense options including pursuit of case dismissal, plea bargain negotiation, and trying the case in court.

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How Can I find a Qualified DUI Attorney?

Various types of lawyers work on DUI cases including public defenders, general practitioners, criminal defense lawyers, and specialist DUI attorneys.

A public defender is an attorney provided at little or no cost to provide defense services to people who financially are unable to hire a private attorney. Most counties do not offer public defenders services unless you are unemployed or significantly under-employed.

Good questions to ask when searching for a DUI attorney include:

·         What are the attorneys qualifications? Did he or she attend a reputable school? Is he or she a member of the National College for DUI Defense?

·         How is the attorney rated for competence and ethics in the Martindale-Hubbell directory?

·         Does the attorney have experience with using expert witnesses in police procedures and blood alcohol content testing?

Whether or not you ultimately end up hiring a DUI attorney, it is probably a good idea to speak to a specialist in this highly complex field. You can read more Why you Need a DUI Attorney, or contact us for a Free DUI Defense Consultation.

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Is it Possible to Win a California DUI Case?

Yes. At Kapsack & Bair, we have an extensive track record of fighting and winning DUI cases. It is not only possible to get DUI charges reduced, but in some cases we are able to get them dismissed entirely. A number of DUI defenses have proven successful in prior cases including arguing constitutional violations and challenging blood alcohol concentration measurements.

We systematically review police reports for inconsistencies and lapses in procedure. We also request complete disclosure regarding the device used to test your blood alcohol level, the personnel involved in the maintenance and operation of the device, and the lab certification.

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What are the Penalties for California DUI Conviction?

Possible California DUI penalties include:

·         Incarceration from a few days in county jail to many years in state prison

·         Probation, either formal (with a probation officer) or informal

·         Monetary damages in the form of fines, penalties, and restitution

·         Restriction, suspension or revocation of your California Driver License

·         Mandatory attendance at treatment programs

·         Car impoundment

·         Installation of ignition interlock device

The imposition and severity of these various DUI penalties varies depending on prior DUI convictions and the circumstances of the current case. Review the California DUI Penalty Chart for more information.

In addition to state sanctions, DUI convictions almost always result in significantly higher insurance premiums, and in some cases, adverse impacts on employment.

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What Will Happen at Court?

On your ticket, or somewhere else in your paperwork, the date, time and location for your first court appearance will be listed. If you haven't hired an attorney, you must attend court on that date and time. Following the attorney-represented cases the judge will begin calling the non-attorney cases.

At some point the judge will ask you to enter a plea to the charges. At this time you must plead either guilty or not guilty. Depending on your plea the judge will ask you several questions aimed at determining whether you want to waive your constitutional rights, including your right to a speedy jury trial.

If you plead guilty, the judge will likely pass sentence immediately. Depending on the charges you face, the county you are charged in, and the specific judge, this sentence will vary. Most DUI crimes entail, at minimum, some time in jail or a program that counts as jail, a drinking driver program, a substantial fine, and probation.

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Why do I Need to Contact the California DMV within 10 days of My Arrest?

After being arrested for a California DUI, you are facing two different proceedings - the courts and the DMV. You must contact the California DMV to request an Administrative Hearing within 10 days to protect your driving privileges. Temporary driver licenses issued to DUI defendants expire after 30 days, but driving privileges will be extended until a DMV hearing has been held and decision rendered.

If you win the California DMV hearing, your driving privileges will be protected until the courts render a decision (which also can be favorable).

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Can California DMV Administrative Hearings be Won?

Yes. At Kapsack & Bair, we have a great deal of experience defending and winning California DMV Administrative Hearings. In order to restrict your California driving privilege, the DMV Hearing Officer must make three determinations:

·         Who was driving the vehicle.

·         Whether the police officer had "reasonable cause" to pull over and arrest the driver (a complicated legal question).

·         Whether the driver had a blood alcohol concentration of .08 or above (which is open to many challenges).

A vigorous and knowledgeable defense possibly including expert witnesses can raise serious questions about one or more of these criteria.

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How Long Will All This Take?

Unless you are willing to plead guilty at your first court hearing, a DUI defense will take a minimum of several months. More complicated DUI cases can easily last six months to a year as they wind their way through the court and DMV systems. Felony DUI cases (ones involving accidents) or cases with multiple priors may well endure for several years. At Kapsack & Bair upon reviewing the individual circumstances of each case during a Free DUI Defense Consultation, we will provide you with a time estimate.

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What are the Costs Involved?

There are a number of potential costs involved with a DUI including court costs, fines, attorneys fees, expert witnesses, DUI traffic school, and increased insurance premiums. Even in the best of circumstances where charges are dropped, once arrested for a DUI you should expect to pay a minimum of several thousand dollars for all of the various expenses. More complex DUI cases can readily exceed ten thousand dollars once insurance, fines, and defense fees are included.

At Kapsack & Bair, we offer all of clients a flat fee that varies depending on the circumstances of the case. We review these circumstances during a Free DUI Defense Consultation, which allows you to know exactly what your attorney fees will be before retaining us.

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Why should I Hire the DUI Attorneys at Kapsack & Bair?

For nearly 10 years, we have been committed to providing premium DUI defense at affordable rates. DUI defense is all we do, and we do it well.

Our credentials include:

·         Bruce Kapsack and Hudson Bair are not only members of the National College for DUI Defense, but Bruce Kapsack is also a Regent of this non-profit corporation that represents the most experienced DUI defense attorneys in the country

·         Kapsack & Bair are trained instructors of Field Sobriety Tests (known as NHTSA SFST'S). They took sworn testimony from Dr. Marceline Burns, the woman responsible for the acceptance of SFST's, wherein she admitted the shortcomings of these tests. Because of this work, attorneys nationwide are now often able to keep results of field tests out of evidence

·         Kapsack & Bair have a AV rating (the highest) in the Martindale-Hubbell directory for competence and ethics

·         Kapsack & Bair not only regularly attend state and national meetings of other DUI Attorneys, but often lecture to these groups on modern DUI defense. Bruce Kapsack is the author of California Drunk Driving Defense - the standard book referenced by attorneys throughout the state.

Get the DUI attorneys who know the law, have a proven track record of successful DUI defense, and are willing to go the distance for you.

If you are charged with a DUI in Northern California, call Kapsack & Bair today.

  Call 800-KICK DUI

  

 

San Francisco, California
795 Folsom Street
San Francisco, CA 94107
(415) 421-1021