Bay Area DUI Information

If you have been arrested in CA for a DUI, you probably have a number of questions. The following are some of the most commonly asked questions asked by people just like you. Once you’ve read through these, get in touch with Kapsack & Bair for a free DUI consultation.

What Options Do I Have?

You should make sure that you take the time to find an attorney. If you don’t have an attorney, there is a good chance that you will be facing the maximum DUI penalties. An attorney can help with case dismissal, negotiation, plea bargains, and trying the case in court.

How Can I find a Qualified DUI Attorney?

When you are searching for an attorney to handle your DUI case, you need to be choosy. Make sure that they have the right qualifications to handle your case. You need to ask how much experience they have with cases such as yours, whether they went to school, and whether he or she is a member of the National College for DUI Defense.

How do they rate for ethics and competence on the Martindale-Hubbell directory? Do they have experience in using expert witnesses and in BAC testing? Always take the time to choose the best quality attorney for the job.

Can You Really Win a Bay Area DUI Case?

Kapsack & Bair have a record to be proud of when it comes to winning DUI cases. We have helped people to reduce their charges, and to get cases dismissed. We’ve been able to use a number of different types of defenses, and have even challenged BAC measurements to good effect. We work hard to review police reports to find any issues with the procedures that could give you a leg up in the case.

What are the Penalties?

Depending on the case, you may spend several days in jail, or many years in prison for your DUI conviction. You may have to be on probation, and you will have to deal with large fines and potential restitution that can take years to pay. In addition, you could have your license suspended, revoked, or restricted. You will have to attend treatment programs, your car will be impounded, and you may have to get an ignition interlock device installed on your vehicle.

What Happens When Going to Court?

When you receive your ticket, there will be a court date on the paperwork that lets you know where and when you have to appear. If you don’t have an attorney at the time of the court date, you still have to appear and enter a plea of guilty or not guilty. If you plead guilty, the judge will pass sentence and issue your punishments right away. If you plead not guilty, the case will go forward, and you will then want to get an attorney.  

Why Contact the DMV?

After your arrest, you will have ten days to contact the DMV about your license and to set up an administrative hearing. The temporary driver’s license that you received is only good for 30 days, but if you set up a hearing, this temporary license will be extended until your hearing. During this hearing, they will determine what happens to your license.

It is possible to win your hearing, and the attorneys at Kapsack & Bair have experience winning many such hearings. The DMV hearing officer needs to determine who was driving the vehicle, if the officer that arrested you had probable cause, and if you had a BAC of .08 or higher. If one of these elements can be brought into question, it may be possible to help you keep your license.

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.

How Long Will All This Take?

If you plead not guilty, then your DUI defense case can last at least several months. In cases that are complex, this can be from six months to a year, and in the case of a felony DUI, even longer. When you have your free consultation at Kapsack & Bair, we can provide you with an estimate of how long your case should take.  

What are the Costs Involved?

The amount of money that you have to pay can vary from case to case based on the complexity and how long it takes to resolve. You will have to consider a number of things that will factor into the cost such as the attorney fees, traffic school, cost of expert witnesses, increased insurance, and fines. We offer a flat fee, which can vary based on the circumstances of the case. During your consultation, we can let you know how much you will have to pay in attorney fees.  

Why Hire Kapsack & Bair?

We’ve been in this field for more than, 20 years, and we always keep our rates at a reasonable level. Bruce Kapsack and Hudson Bair are members of the National College for DUI Defense. Mr. Kapsack is also a former Regent of the organization. They are also trained instructors of field sobriety tests, so they know when something is wrong in the police reports, and they know the shortcomings of the tests. We have the highest rating (AV) in the Martindale-Hubbell directory, and we work continually in the field of DUI defense. We lecture, write, and stay on top of all of the news related to the field and new field testing technology.

If you’ve been charged with a DUI in the Northern CA area, call Kapsack & Bair for help with your case.