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Why You Need a DUI Attorney

Serious Penalties for a California DUI

As a criminal case, even a first California DUI conviction can carry serious penalties including:
bulletTwo or more days in Jail
bulletCalifornia driver license suspension
bulletUp to $3,500 in local fees, penalties and assessments
bullet30 hours of DUI school
The California DMV records DUI convictions for a minimum of 10 years. A DUI on your record can not only lead to higher auto insurance premiums, but can also jeopardize your credit rating and employment. DUI penalties rapidly escalate if you have had prior DUI convictions, were stopped for speeding, had an accident while driving under the influence or other factors. For more information, review our table of California DUI Penalties.

Why You Need a Specialist DUI Attorney

An individual faced with any serious criminal charge including DUI has to make potentially life-altering decisions. It is always recommended to have the advice of one's own legal representation. Because of the requirements of a DUI defense case, an expert DUI attorney can best protect your rights, understand the evidence, and negotiate strong plea bargains.

DUI Attorneys Protect Your Rights

Often attorneys who do not specialize in DUI cases approach the defense with the idea of obtaining
DUI Defense Testimonial
I am writing to express my appreciation for your work on my case. I chose you to represent me because you came across as being a combination of very smart and also a street fighter. I believe that you care about your clients' constitutional rights and take it personally when you see them being violated. Your performance on my case indicates that I made the right decision in selecting you and your firm.

- CC
a "good" plea bargain. However all criminal cases raise constitutional questions, and if any of your rights were violated, your DUI charges may be dropped.

Specialist DUI attorneys know where to look for possible Fourth and Fifth Amendment violations. At Kapsack & Bair, our success at getting DUI cases dismissed encourages us to seek this avenue at every potential possibility.

In addition, the California DMV has a process entirely separate from the courts to determine whether you will get to keep your license and under what conditions.

A specialist DUI attorney can help you delay suspension, get a resticted license or retain entirely your California driver license.

The DUI attorneys at Kapsack & Bair guide our clients through the DMV process from requesting an administrative hearing to representing them at the hearing.

DUI Attorneys Understand the Evidence

The prosecution's DUI case often relies on the measured blood alcohol level (BAC). After all it seems pretty straightforward -- if California law says .08 BAC is the limit and the accused's BAC exceeded this amount, then they were driving under the influence. Specialist DUI attorneys, though, know that BAC evidence is not always as strong as it first appears.
DUI Defense Testimonial
Your thorough investigation led to discovery of facts that forced the District Attorney to drop all charges against me. Your work exceeded my expectations regarding the outcome of the case. I had hoped for a reduction to a "wet reckless" needless to say a dismissal is a terrific result.

- AJ
San Jose
Determining a person's blood alcohol level requires the use of scientific measuring instruments. Due to poor calibration, improper use, or lax laboratory procedures, these devices can prove unreliable.

Specialist DUI defense attorneys understand the strengths and weaknesses of the various kinds of scientific instruments for measuring BAC whether in blood, breath, or urine. The DUI attorneys at Kapsack & Bair led the fight in getting San Francisco Bay Area counties to admit that these machines malfunction.

BAC tests might also be measuring other things than blood alcohol level. Various types of medications, medical conditions, and even whether a person recently used mouthwash may raise questions of test validity. For example at Kapsack & Bair, we published an article showing that breath tests performed on a person with acid reflux disease can measure alcohol in the stomach rather than the blood.

Attorneys who do not specialize in DUI defense cases might also overlook the fact that blood alcohol tests measure BAC after not while a person was driving. Since it can take up to two hours for consumed alcohol to enter a person's blood, this can mean the difference between driving under the influence and merely being tested under the influence. At Kapsack & Bair, we have successfully used the Rising Alcohol Defense to get DUI charges acquitted after trial, reduced and even dismissed entirely.

DUI Attorneys Negotiate Strong Plea Bargains

Irrespective of trial success rate and getting cases dismissed, sometimes a client's best interests are served with a plea bargain. Instead of merely obtaining a plea bargain, specialist DUI attorneys
DUI Defense Testimonial
I was indeed pleased with my results but felt that the fees were high in comparison to other quotes given by other attorneys. [However] bumping down my 2 arrests to a dry reckless and a wet reckless was well worth the extra money spent....Your services were outstanding.

- TC
negotiate plea bargains to ensure the best possible outcome for their clients.

While the court system seems like an impersonal institution, it is ultimately made up of real people. Prosecutors are more likely to yield in DUI plea bargains when they know the defense is knowledgeably and vigorously pursued by a specialist.

At Kapsack & Bair, our hard-earned reputation puts prosecutors on notice that we will not accept unfair plea bargains.

In DUI plea bargains, we have seen amazing results including dismissals and charge reductions.

Even if we cannot get the charges reduced or dismissed, we can obtain the lowest possible sentence.

Our DUI defense successes include:
bulletChanging fines to community service
bulletHaving mandatory jail time converted to work alternatives
bulletKeeping your California Driver License

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.
Local DUI Offices
Alameda County (510) 434-1400
San Francisco & Marin (415) 421-1021
Santa Clara County (408) 275-9610
Sacramento Area (916) 930-1967
Contra Costa County (925) 827-5834
San Mateo County (650) 216-9698
Lake Tahoe (530) 546-6051
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