Innovative DUI Trial Tools

About the Author

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Bruce Steven Kapsack is the senior partner of Kapsack & Bair, LLP, an AV rated firm practicing exclusively in DUI/DWI defense. He received his Bachelor of Arts in Interdisciplinary Studies from Plymouth State College and his Juris Doctorate from American University. After graduation from law school, Mr. Kapsack was hired by the Bronx Public Defender where he rapidly rose to the position of Senior Trial Attorney. During the five years he was there, he became one of the top trial attorneys in that office.

After moving to California and opening his own practice, Mr. Kapsack became the Senior Attorney for the Office of Citizen Complaints, the San Francisco Police Department’s Internal Affairs Office. His success there resulted in a Commendation from the Board of Supervisors upon his departure.

As a Pioneer in the field of DUI/DWI defense, Mr. Kapsack has accomplished many firsts. He is:

•       The first attorney in California to take and pass the American Bar Association’s Board Certification exam for DUI Specialization.

•       The first attorney in California to become an Instructor of Standardized Field Sobriety Tests (SFSTs) under the guidelines of the International Association of Chiefs of Police (IACP) and the National Highway Traffic Safety Administration.

•       The first attorney in California to qualify as a DRE under Drug Ensic Systems.

•       The first and only attorney in California to own and operate the Draeger 7410 and 7110 breath machines.

•       The first attorney in California to own, operate and use in court an Intoxilizer 5000 breath machine.

•       The first and only attorney in California to depose Dr. Marceline Burns, the person responsible for the establishment of standardized field sobriety tests.

•       One of the first attorneys to be trained as a user and maintenance technician of the Alco-Sensor IV handheld roadside breath machine.

In addition to these milestones, Mr. Kapsack has been a consultant on a number of seminal cases throughout California and the United States, including State v. Dahood (New Hampshire) and People v. Chun (New Jersey). He has worked or lectured with virtually every major expert in the DWI/DUI arena, such as:

•       Dr. A.W. Jones – the foremost expert in DUI.

•       Dr. Kurt Dubowksi – the foremost prosecution breath expert.

•       Dr. Richard Jensen – the foremost defense breath expert.

•       Dr. Michael Hlastalla – the foremost pulmonary expert.

•       Dr. Fran Gengo – a noted pharmacologist.

•       Dr. Al Staubus – a noted pharmacologist.

•       Dr. John Churchill – New Zealand’s top breath expert.

•       John Fusto – owner of the Datamaster Corporation.

•       Hansulei Ryser – inventor of the Draeger breath machine.

•       Norm Forte – California’s top roadside breath expert.

•       Dr. Marceline Burns – developer of standardized field sobriety tests.

Mr. Kapsack has written extensively about DUI/DWI defense. He contributed to California Drunk Driving Laws by Ed Kuwatch (James Publishing) and wrote the yearly supplements from 2003 to 2007 for California Drunk Driving Defense by Lawrence Taylor (Thomson-West Publishing), the two seminal works in the field in California. He writes a regular update on California DUI for the Public Defenders and has written for DUI/DWI publications in other states including New York, Nebraska, Ohio and nationally for The Champion magazine.

When he is not defending clients, Mr. Kapsack teaches other attorneys the keys to successful DUI/DWI defense. His lectures for the State Bar of California and for the California Public Defenders are among the best-attended programs offered by those organizations and they are videotaped and used for continuing education and training.

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