DUI Lawyer Orange County

A DUI arrest in Orange County immediately creates two separate legal matters: your criminal case and your DMV driver’s license hearing. Former Los Angeles DUI prosecutor Richard Wagner understands both. He has more than 27 years of DUI experience, first prosecuting DUI cases for the City of Los Angeles and since then defending clients throughout Orange County against the very types of cases he once filed.

Richard Wagner has handled thousands of DUI cases in all four Orange County Superior Court locations and understands how prosecutors evaluate evidence, decide whether to file charges, negotiate cases, and prepare for trial. That experience helps identify weaknesses in the prosecution’s case and build a strong defense strategy.

Working with an experienced Orange County DUI attorney gives you someone who understands how local prosecutors build these cases and where they tend to break down. Learn what to look for when choosing the best DUI lawyers in Orange County.

• Former Los Angeles DUI Prosecutor: Understands how DUI cases are built and where they can be challenged.
• 27+ Years of Experience: Defending clients in Orange County Superior Court.
• Personal Representation: Richard Wagner handles your case from consultation through resolution.
• Criminal & DMV Defense: Representation for both your court case and DMV hearing from day one.

Facing a DUI charge in Orange County? Don’t wait. You have only 10 days to request a DMV hearing after your arrest. Contact Richard Wagner today to start building your defense.

A DUI arrest creates two separate legal proceedings: a criminal case in Orange County Superior Court and a DMV administrative hearing that can suspend your driver’s license. Former Los Angeles DUI prosecutor Richard Wagner understands both. With more than 27 years defending DUI cases throughout Orange County, he knows how prosecutors evaluate evidence and where weaknesses may exist, and he uses that insight to build a defense aimed at keeping your license and your record clean.

• Request a DMV hearing within 10 days of your arrest.
• Avoid discussing your case with anyone other than your attorney.
• Write down everything you remember about the traffic stop, field sobriety tests, chemical testing, and arrest.
• Preserve any photographs, videos, receipts, messages, or witness information that may relate to your case.
• Contact Richard Wagner’s office as soon as possible to discuss your defense options.

Taking action early gives your defense more time to review the evidence and identify weaknesses before your DMV hearing date arrives. Learn more about DUI charges in California.

DUI Arrest? Free Consultation with Former Prosecutor Richard Wagner

• Former Los Angeles DUI Prosecutor: knows how cases are built and where they break down
• 27+ years: defending DUI cases across all four Orange County courthouses
• All charge levels: first-time, repeat, and felony DUI defense
• Local court knowledge: Santa Ana, Newport Beach, Fullerton, and Westminster
• DMV hearings: license defense handled alongside the criminal case
• 5.0-star rating from 62 Google reviews and top ratings across multiple legal platforms

Most DUI cases turn on the details: did officers have legal grounds for the stop, and did they administer the breath or blood test correctly? Wagner knows what to look for because he spent years on the other side of those arguments. With only 10 days to request a DMV hearing after an arrest, calling his office quickly is the most important step you can take.

• First Offense DUI Defense
• Second Offense DUI Defense
• Third Offense DUI Defense
• DUID Defense
• DUI Marijuana Defense
• Felony DUI with Injury Defense
• DMV Hearing Representation

Richard Wagner defends all DUI charge levels: first-time offenses, repeat DUIs, felony cases, and DMV license suspension hearings.

Richard Wagner is easy to reach and returns calls and emails promptly. He uses a secure, double-encrypted online case management system so clients can check their case status and access files 24/7.

The Law Office of Richard Wagner, APC, represents people who feel excluded or that they have nowhere else to turn.

Super Lawyers and AVVO have recognized his work, and he has spent decades defending DUI cases throughout Orange County, including Irvine, Newport Beach, Anaheim, and surrounding communities. From the traffic stop to chemical testing to court, Wagner evaluates every stage of the case personally and builds a defense strategy around the specific facts of what happened to you.

Wagner represents clients at all four Orange County Superior Court locations:

• Central Justice Center, Santa Ana
• Harbor Justice Center, Newport Beach
• North Justice Center, Fullerton
• West Justice Center, Westminster

Each courthouse has its own judges, prosecutors, and procedural tendencies. Wagner has appeared in all four and knows how local factors affect case strategy.

A California DUI arrest starts two separate proceedings simultaneously:

• Criminal case: filed in Orange County Superior Court, covering jail time, fines, probation, and DUI programs
• DMV hearing: determines whether your license is suspended, independent of the court outcome
• 10-day deadline: miss it and the right to a DMV hearing is gone automatically
• DMV hearing office: Orange County cases are handled by the DMV Driver Safety Office, 790 The City Drive, Suite 420, Orange
• Unfamiliar terms: APS, PAS, wet reckless, and more are defined in our California DUI glossary

Learn about the California DUI 10-Day Rule or see our complete step-by-step guide: What Happens After a DUI Arrest in Orange County?

These are the general statutory penalties for a DUI without injury. Your actual outcome depends on the evidence, the court, and the defense.

• First DUI: up to 6 months in county jail, a $390 to $1,000 base fine (roughly $1,500 to $2,500 or more with penalty assessments), 3 to 5 years of informal probation, a 3, 6, or 9 month DUI program, a 4-month DMV suspension or 6-month court suspension, and an optional ignition interlock device that lets you keep driving.
• Second DUI: 96 hours to 1 year in jail, a 2-year license suspension, an 18 or 30 month DUI program, and a mandatory ignition interlock device for 1 year.
• Third DUI: 120 days to 1 year in jail, a 3-year license revocation, an 18 or 30 month DUI program, and a 2-year ignition interlock requirement. Starting January 1, 2027, it can be charged as a felony.
• Fourth DUI: a felony carrying 16 months, 2 years, or 3 years in state prison, a 4-year revocation, and a 3-year ignition interlock requirement.

A BAC of 0.15% or higher, a chemical test refusal, a child under 14 in the vehicle, excessive speed, or an injury can increase these penalties. See DUI penalties in Orange County for details on first, second, and third offenses and felony DUI with injury.

An arrest is not a conviction. The prosecution has to prove every element of a DUI, and the evidence often has weaknesses that a former prosecutor knows how to find:

• The stop: officers need reasonable suspicion to pull you over. Evidence from an unlawful stop can be suppressed. Improper searches and seizures
• Field sobriety tests: footwear, injuries, uneven pavement, and nerves can mimic impairment. Field sobriety tests
• Breath tests: mouth alcohol, acid reflux, and a broken 15-minute observation period can inflate results. Breath tests in California
• Blood tests: collection, storage, and lab analysis must follow Title 17. Richard Wagner has completed hands-on forensic chromatography training to challenge blood results. Title 17 and DUI cases
• Rising BAC: your BAC may have been lower while driving than when tested. Testing during the absorptive phase

Depending on the evidence, a DUI may be dismissed or reduced to a wet reckless or dry reckless. Review recent DUI case results.

California passed several DUI laws that change how Orange County cases are charged and resolved:

• AB 366 (in effect January 1, 2026): extends California’s ignition interlock program through January 1, 2033.
• AB 1087 (in effect January 1, 2026): lengthens probation to 3 to 5 years for vehicular manslaughter while intoxicated.
• Braun’s Law, SB 907 (January 1, 2027): requires a Watson advisement when a DUI is reduced or dismissed as part of a plea, including reductions to wet reckless.
• AB 1546 (January 1, 2027): makes a third DUI within 10 years a wobbler that can be filed as a felony, and a fifth DUI within 10 years a mandatory felony.

Read the full breakdown of the new California DUI laws, or look up any term in our California DUI glossary.

A DUI can follow you well beyond the courtroom. Richard Wagner builds the defense around what is at stake for you, not only the criminal penalties:

• Professional licenses: nurses, doctors, pharmacists, attorneys, real estate agents, contractors, and other licensed professionals may face licensing board review after a DUI. DUI and professional licenses
• Commercial drivers: a first DUI disqualifies a CDL holder from driving commercial vehicles for one year, even if the arrest happened in a personal car.
• Out-of-state drivers: a California DUI is reported to your home state and can affect your license there. DUIs for out-of-state drivers
• Drivers under 21: zero tolerance rules apply at a BAC of just 0.01%. Underage DUI
• Your record: a DUI stays on your DMV record for 10 years, and expungement does not remove it. How long a DUI stays on your record

Call (714) 721-4423 for a free, confidential consultation.