Kapsack & Bair: California DUI Lawyer, DWI Attorney, License Revocation

Frequently Asked Questions Regarding California DUI Cases

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 CALIFORNIA DRUNK DRIVING LAWYER?
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 are financially 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 attorney's 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.

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IS IT POSSIBLE TO WIN A CALIFORNIA DUI CASE?
Yes. The Oakland, California Drunk Driving attorneys at Kapsack & Bair 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 they 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.

Kapsack & Bair, LLP, systematically reviews police reports for inconsistencies and lapses in procedure. The Firm also requests 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 A 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. 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 IN 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?
California DUI cases involve two different legal proceedings. After being arrested for a California DUI, you are facing two different proceedings - the courts and a California DMV administrative hearing. You must contact the California DMV to request a California DMV 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 a decision has been 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). In order to maximize your chances of success in your California DMV Administrative Hearing, you need the advice and counsel of an experienced California DMV Hearings Attorney. The experienced California DMV Hearings Attorneys at Kapsack & Bair have the ability to aggressively represent clients in the California DMV Administrative Hearing that follows in all California DUI cases.

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CAN A CALIFORNIA DMV ADMINISTRATIVE HEARING BE WON?
Yes. The California DMV Hearings Attorneys at Kapsack & Bair 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 (this 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 DOES A CALIFORNIA DUI CASE TAKE TO RESOLVE?
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. The Oakland, California Drunk Driving attorneys at Kapsack & Bair will provide you with a time estimate after reviewing your case.

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WHAT COSTS ARE INVOLVED IN A CALIFORNIA DUI CASE?
There are a number of potential costs involved with a California DUI case including court costs, fines, attorney's 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, they offer all of their clients a flat fee that varies depending on the circumstances of the case. They also review a client's California DUI case during a Free DUI Defense Consultation, which allows you to know exactly what your attorney fees will be before retaining them.

[ Back to Top ]

WHY SHOULD I HIRE THE OAKLAND, CALIFORNIA DRUNK DRIVING ATTORNEYS AT KAPSACK & BAIR?
For nearly 10 years, they have been committed to providing premium DUI defense at affordable rates. DUI defense is all they do, and they do it well.

Their credentials include:

California Drunk Driving lawyer Bruce Kapsack and lawyer Hudson Bair are not only members of the National College for DUI Defense, but Attorney 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.

If you or someone you know in Oakland or anywhere within a San Francisco Bay area county needs the assistance of an experienced Oakland DUI lawyer, call Kapsack & Bair, LLP, at 866-787-2564, or complete the contact form provided on this site to schedule a free consultation.

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	* Denotes required field Do you have any previous drunk driving convictions? Yes No If yes how many? Were you involved in an accident? Yes No If yes was anyone hurt? Yes No Were any of the following field sobriety tests performed (check all that apply)? Breathalizer Alphabet Counting Balance Nose Please describe your situation: Were you arrested at the scene? Yes No * Please enter the security code shown below: This is a paid advertisement. By submitting a question, you agree to our terms and conditions.
Frequently Asked Questions Regarding California DUI Cases What Are My Options? How Can I Find A Qualified California Drunk Driving Lawyer? Is It Possible To Win A California DUI Case? What Are The Penalties For A California DUI Conviction? What Will Happen In Court? Why Do I Need To Contact The California DMV Within 10 Days Of My Arrest? Can A California DMV Administrative Hearing Be Won? How Long Does A California DUI Case Take To Resolve? What Costs Are Involved In A California DUI Case? Why Should I Hire The Oakland, California Drunk Driving Attorneys At Kapsack & Bair? 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. [ Back to Top ] HOW CAN I FIND A QUALIFIED CALIFORNIA DRUNK DRIVING LAWYER? 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 are financially 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 attorney's 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. [ Back to Top ] IS IT POSSIBLE TO WIN A CALIFORNIA DUI CASE? Yes. The Oakland, California Drunk Driving attorneys at Kapsack & Bair 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 they 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. Kapsack & Bair, LLP, systematically reviews police reports for inconsistencies and lapses in procedure. The Firm also requests 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. [ Back to Top ] WHAT ARE THE PENALTIES FOR A 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. In addition to state sanctions, DUI convictions almost always result in significantly higher insurance premiums, and in some cases, adverse impacts on employment. [ Back to Top ] WHAT WILL HAPPEN IN 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. [ Back to Top ] WHY DO I NEED TO CONTACT THE CALIFORNIA DMV WITHIN 10 DAYS OF MY ARREST? California DUI cases involve two different legal proceedings. After being arrested for a California DUI, you are facing two different proceedings - the courts and a California DMV administrative hearing. You must contact the California DMV to request a California DMV 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 a decision has been 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). In order to maximize your chances of success in your California DMV Administrative Hearing, you need the advice and counsel of an experienced California DMV Hearings Attorney. The experienced California DMV Hearings Attorneys at Kapsack & Bair have the ability to aggressively represent clients in the California DMV Administrative Hearing that follows in all California DUI cases. [ Back to Top ] CAN A CALIFORNIA DMV ADMINISTRATIVE HEARING BE WON? Yes. The California DMV Hearings Attorneys at Kapsack & Bair 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 (this 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. [ Back to Top ] HOW LONG DOES A CALIFORNIA DUI CASE TAKE TO RESOLVE? 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. The Oakland, California Drunk Driving attorneys at Kapsack & Bair will provide you with a time estimate after reviewing your case. [ Back to Top ] WHAT COSTS ARE INVOLVED IN A CALIFORNIA DUI CASE? There are a number of potential costs involved with a California DUI case including court costs, fines, attorney's 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, they offer all of their clients a flat fee that varies depending on the circumstances of the case. They also review a client's California DUI case during a Free DUI Defense Consultation, which allows you to know exactly what your attorney fees will be before retaining them. [ Back to Top ] WHY SHOULD I HIRE THE OAKLAND, CALIFORNIA DRUNK DRIVING ATTORNEYS AT KAPSACK & BAIR? For nearly 10 years, they have been committed to providing premium DUI defense at affordable rates. DUI defense is all they do, and they do it well. Their credentials include: California Drunk Driving lawyer Bruce Kapsack and lawyer Hudson Bair are not only members of the National College for DUI Defense, but Attorney 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. If you or someone you know in Oakland or anywhere within a San Francisco Bay area county needs the assistance of an experienced Oakland DUI lawyer, call Kapsack & Bair, LLP, at 866-787-2564, or complete the contact form provided on this site to schedule a free consultation. [ Back to Top ]
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