DUI Lawyer Orange County
Serving Orange County Los Angeles, Riverside & San Bernardino Counties.
As a leading DUI Lawyer Orange County, Richard Wagner will aggressively defend your 1st, 2nd, 3rd, or 4th DUI defense — from drug and prescription DUIs to THC and felony DUI charges.
2025 Southern California Super Lawyers Criminal Defense: DUI/DWI
Top 100 Lawyers by National Trial Lawyers
Top 1 % Attorneys by the National Association of Distinguished Counsel
Superb Rated Attorney 10.0/10.0 and 5-Star Reviews on AVVO
5-Star Reviews on Google & Yelp
The mission Is To Work With Each Client’s Unique Situation
Richard is easy to get a hold of; he returns calls and emails promptly. He uses a user-friendly, double-encrypted, online case management system. Clients are kept informed about their cases. Clients have 24/7 access to their files.
The Law Office of Richard Wagner, A Professional Corporation, stands by its solemn mission: to courageously represent the underdog, the excluded, and the marginalized. To right wrongs, speak truth to power, and stand up for and fight for people who have nobody in their corner.
As an Orange County Criminal Lawyer, Richard Wagner carries out this mission by defending clients with integrity, persistence, and respect for their individual situations.
Beyond 5 Stars
Defense Lawyer Richard Wagner upholds and defends freedoms and liberties enshrined in our United States and California Constitutions.
The Law Office of Richard Wagner, A Professional Corporation, stands by its solemn mission: to courageously represent the underdog, the excluded, and the marginalized. To right wrongs, speak truth to power, and stand up for and fight for people who have nobody in their corner.
Orange County DUI Attorney
California DUI Lawyers Association
American Bar Association
Independent Defense Counsel Office
Orange County Bar Association
National College for DUI Defense
Orange County Criminal Lawyer – Richard Wagner Law – DUI Victories
“It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood …”
CLIENT: A.A.
COURTHOUSE: CENTRAL JUSTICE CENTER – SANTA ANA
CHARGES: DUI (.09 BLOOD) ACCIDENT
FINAL RESULT: DUI DISMISSED. REDUCED TO WET RECKLESS (DMV SUSPENSION OVERTURNED).
CLIENT: A.A.
COURTHOUSE: CENTRAL JUSTICE CENTER – SANTA ANA
CHARGES: DUI (.09 BLOOD) ACCIDENT
FINAL RESULT: DUI DISMISSED. REDUCED TO WET RECKLESS (DMV SUSPENSION OVERTURNED).
CLIENT: A.A.
COURTHOUSE: CENTRAL JUSTICE CENTER – SANTA ANA
CHARGES: DUI (.09 BLOOD) ACCIDENT
FINAL RESULT: DUI DISMISSED. REDUCED TO WET RECKLESS (DMV SUSPENSION OVERTURNED).
CLIENT: A.A.
COURTHOUSE: CENTRAL JUSTICE CENTER – SANTA ANA
CHARGES: DUI (.09 BLOOD) ACCIDENT
FINAL RESULT: DUI DISMISSED. REDUCED TO WET RECKLESS (DMV SUSPENSION OVERTURNED).
Richard Wagner Law – FAQ’s
DUI stands for driving under the influence of alcohol, drugs, or a combination. A DWI stands for “driving while intoxicated.” Some states use DWI. In California, we refer to it as a DUI. But, essentially, it is the same thing.
For help with your criminal case or DUI, call 714-721-4423 or fill out the form to contact The Law Office of Richard Wagner, A Professional Corporation for a Free Consultation.
The 10-year period is measured from the date of violation/offense, not from the date of conviction.1
For example, you were arrested for a first DUI on September 1, 2008, but you went to court and eventually pleaded guilty or no contest on January 1, 2009. If you get another DUI 10 years from the date of offense (September 1, 2008), you will be charged with a DUI and also with a sentence enhancement that accuses you of having a prior DUI.
DUI convictions stay on your record for more than 10 years. It is common for prosecutors to use DUI convictions older than 10 years to argue for increased punishment and to set bail.
For commercial license holders, there is no limit to how far back the DMV or the court can look back to see when you got a prior DUI or DUI license suspension to disqualify you from operating a commercial vehicle.
In California, prosecutors and the DMV can look back 10 years to see if there is a DUI conviction on your driving record to automatically increase your punishment.
Although weed seems to be legal now, it is still against the law to drive under the influence of a drug including THC. However, just because the cops arrested you for a weed DUI and the prosecutors charge you for it, does not mean you will be convicted. Everyone knows that THC can be detected in your blood for up to 30 days. Read more about Defending Marijuana DUIs
There are two types of restricted licenses currently. There is an Ignition Interlock Device (IID) restricted license. The IID-restricted license does not require you to serve any suspension or revocation period. There is also the work/DUI program restricted license. This type allows you to drive to and from work, during the course of your work, and to and from activities required in the driving-under-the-influence program. Read more about Restricted Licenses After DUIs
You learn what charges the prosecutor has filed against you. You may enter a plea to the criminal charges filed against you. If you have been arrested, you have the right to be arraigned on any charges usually within two court days. At the arraignment, you can plead guilty, no contest, or not guilty, or waive time to enter a plea. Plea negotiations can also take place at the arraignment. What is An Arraignment in California? Read about Plea deals in California
The amount of bail is set by a bail schedule in each county. If you fail to appear in court, your bail will be lost and a new warrant will be issued for your arrest. If you cannot post bail, you will be kept in custody. In some cases, instead of paying bail, you could be released on your own recognizance or “O.R.” Your DUI criminal defense lawyer can make a motion for bail reduction or bail review in court. Read more about Bail in California
The usual way of showing proof of financial responsibility is to provide a California Insurance Proof Certificate (form SR-22) from an insurance company.
1. INFRACTIONS:
An infraction is a minor violation. Many traffic violations are infractions. The punishment for infractions is usually fine.
2. MISDEMEANORS:
A misdemeanor is a crime with a maximum punishment of either 6 months or 364 days in county jail, and/or a fine from $1,000 to $10,000. Some examples are assault, battery, driving on a suspended license, trespass, drunk in public, disorderly conduct, domestic violence, petty theft, prostitution, shoplifting, solicitation of prostitution, vandalism, violation of a protective order, and DUI.
3. FELONIES:
A felony is the most serious kind of crime. California also has a list of serious felonies and violent felonies. If found guilty, you can be sent to the county jail and/or state prison. Some examples are arson, assault with a deadly weapon or instrument on a peace officer, carjacking, extortion, embezzlement, gross vehicular manslaughter while intoxicated, kidnapping, robbery or bank robbery, murder, voluntary manslaughter, lewd or lascivious act on a child under 14 years of age, mayhem, rape, oral copulation, sexual penetration, DUI Causing injury and DUI with 3 prior offenses within 10 years.
4. WOBBLERS:
A wobbler is a crime that may be punished as either a misdemeanor or felony. Some examples are assault with a deadly weapon, sexual battery, theft, spousal battery, domestic violence cases, burglary, drug cases, and DUI causing injury.
A DUI can be a misdemeanor or a felony in California. The most common way for a DUI to be a felony in California is if you cause an injury to someone else. The prosecutor’s decision whether to charge you with a misdemeanor or a felony offense for a DUI causing an injury is based on several factors.
Other ways your DUI can be a felony in California:
- if you have one (or more) felony DUIs within 10 years, or
- if you have three (or more) prior DUIs: your 4th DUI within 10 years is a felony.
Read more about DUI Causing Injury – Misdemeanor or Felony
A misdemeanor charge in Orange County is a serious matter that can have just as serious consequences if a conviction follows. It can upend your life, so fighting the charge is often your best option.
Of course, many factors should be considered if, when, and how a misdemeanor is fought. Read more about Misdemeanor DUI Sentencing in California
Criminal defense lawyer Richard Wagner reviews any misdemeanors in your case, explains what those charges mean, and advises you on your best legal options, including your right to a jury trial.
You need to know about DMV license suspension, what happens if you get a misdemeanor DUI conviction, how to challenge a chemical test, including breath testing and blood tests.
Contact Richard Wagner, Attorney At Law, at (714) 721-4423 today to schedule a Free Consultation and get the best representation you need in your unique circumstances.
We cannot all be experts in the law. That said, if we get into trouble with the law (or are accused of it), we want someone who knows the law to represent us.
Fortunately, the backbone of our legal system is each person’s right to an attorney.
This right is true regardless of whether you can afford one or not. Of course, it is always best to be able to choose who represents you in a court of law in California.
Criminal defense lawyer Richard Wagner represents clients who face DUI and criminal charges in Orange County.
He believes his clients make the best decisions for themselves when they are well-informed.
So, here, Richard Wagner, Attorney At Law, explains what your right to an attorney means. Contact the best Crimes, Drug, DUI Defense Lawyer in Irvine at (714) 721-4423 to schedule a FREE Consultation and to make sure your rights are preserved as you go through the criminal justice system.
The answer to this question is always a relative one, but if you seek to avoid any consequences of a misdemeanor conviction in California, then it is best to seek the representation of an experienced criminal defense lawyer.
The following are a few reasons why you need a criminal defense lawyer:
- Your charges could be reduced from a felony. If the facts support a reduced charge, your attorney can argue the same using their negotiation skills on your behalf. Read about DUI Causing Injury – Misdemeanor or Felony
- Your misdemeanor could become a felony. Felonies carry more serious consequences. Your attorney will want to show, in part, that the prosecutor does not have the legal requirements to charge the crime as a felony.
- You want your rights protected. You have certain constitutional rights when you are arrested and charged with a crime. Your attorney will ensure your rights are upheld, and if they have been violated, your attorney can take proper action that could lead to a dismissal of charges or suppression of evidence.
- You want less or no time in jail and/or reduced fines. Statistics show that those who fight misdemeanor charges tend to spend less or no time in jail and pay fewer fines. Often, that is because the attorney has effectively represented their client. That is because the attorney has effectively represented their client.
- You prefer legal guidance. If you want the benefits that flow from an experienced criminal defense attorney, then seeking help from The Law Office of Richard Wagner is in your best interests.
The Law Office of Richard Wagner will help you in all of the above and more ways.
The strategy developed for you will be based on the law and persuasive argument as much as it will be based on the facts and any available defenses.
The right to have an attorney when you are accused of a crime is found in the Sixth Amendment to the U.S. Constitution. It says:
In all criminal prosecutions, the accused shall… have the Assistance of Counsel for his defense.
This right does not apply in civil cases. For example, if you want to sue the police for excessive use of force, you can only do so if you hire an attorney, or you can file the lawsuit yourself.
In short, when the charges you face have the potential to result in the loss of your freedom, you have the right to an attorney.
It does not matter whether or not you actually receive jail time. If imprisonment is even a possibility, then you have the right to a lawyer.
You also have the right to hire an attorney of your choice. However, if you cannot afford an attorney, one will be appointed for you.
You are typically not able to choose your court-appointed attorney.
A criminal defendant is facing the possibility of losing their right to freedom. Because of this, a DUI DWI criminal defense attorney is essential to ensure the defendant has somebody who understands the legal system in their corner. Read about What Happens At My Arraignment in California
A criminal defense attorney often has a positive influence on a client’s case.
They work hard to prevent their clients from being wrongfully convicted or receiving excessive sentences. They make certain that the constitutional rights of their clients are upheld.
Going through the criminal justice system can be overwhelming and frightening. The Law Office of Richard Wagner is here to assist and support you and to make sure your rights and freedoms are protected.
For a FREE Consultation, call (714) 721-4423 or complete the online form, and Richard Wagner will be in touch shortly.
Orange County DUI Lawyer Richard Wagner
Top-Shelf Irvine Lawyer Richard Wagner works with expert witnesses, the finest consultants, and front-line private investigators to deliver a powerful defense.
For over two and a half decades, Richard Wagner has successfully handled thousands of Southern California criminal defense and DUI cases, resulting in excellent results for happy clients, including not-guilty verdicts, acquittals, dismissals, and reductions of charges.
As an Orange County Drunk Driving Lawyer & Criminal Defense Attorney Irvine residents trust, he provides dedicated representation with proven strategies tailored to each case.
Richard Wagner Will Fight For You
Priority #1: Zealous Advocacy – Protection Of Your Constitutional Rights
The Law Office of Richard Wagner, A Professional Corporation, has enjoyed years of success defending clients in criminal cases, including: Battery on Police Officer, Battery Against A Spouse/ Cohabitant, Bench Warrants, Burglary, Disturbing the Peace, Disorderly Conduct, Domestic Violence, Driving on a Suspended License, Drug Charges, DUI, Expungements, Forgery, Grand Theft, Hit and Run, Indecent Misdemeanors, Vehicular Manslaughter While Intoxicated Without Gross Negligence, Violation of Protective Order.
Including your Constitutional Right:
Legal News & Insights
Learn about the latest news impacting the legal landscape
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