DUI Lawyer Orange County CA

Arrested for DUI in Orange County? Call a Former Prosecutor.

Richard Wagner | Former Los Angeles Prosecutor | 27+ Years Experience

DUI Lawyer Orange County | Richard Wagner – Former Prosecutor Defense

Arrested for DUI in Orange County? Wagner is a former Los Angeles DUI prosecutor who has spent 27+ years on the defense side of the same courtrooms where he once prosecuted.

★★★★★ 5.0 · 58 Google Reviews · View on Google →

You Have Only 10 Days After a DUI Arrest to Request a DMV Hearing. Act Now.

Former DUI Prosecutor • 27+ Years Experience • 5-Star Google Reviews • Local Orange County Court Experience

Wagner spent his first years as a prosecutor building DUI cases in Los Angeles — learning how charges are filed, what evidence prosecutors rely on, and where cases can be beaten. He has been on the defense side for over 27 years, representing clients at all four Orange County courthouses.

DUI Lawyer Orange County Richard Wagner
Irvine Orange County DUI Lawyer Defense Consultation

Orange County DUI Lawyer: Defense Built on Prosecution Experience

A DUI arrest in Orange County sets two clocks running at once — the criminal case and the DMV hearing. Wagner knows how both sides work. He spent years as a Los Angeles DUI prosecutor before spending the last 27+ years dismantling the same types of cases he once built.

He has handled thousands of DUI cases across all four Orange County courthouses and understands how prosecutors evaluate evidence, what they look for when deciding whether to file, and where a defense can find leverage.

Working with an experienced Orange County DUI attorney can change what happens to your case. See what sets the best DUI lawyers in Orange County apart.

  • Former Los Angeles DUI Prosecutor: knows how cases are built and where they break down
  • 27+ years: defending DUI cases in Orange County Superior Court
  • Direct attorney access: Wagner handles your case personally, start to finish
  • Court and DMV: both proceedings handled together from day one

Facing a DUI charge in Orange County? Call Wagner’s office before that 10-day DMV deadline passes.

Speak With a DUI Lawyer Now

Highly Rated and Reviewed DUI Defense Attorney

  • 2025–2026 Super Lawyers recognition for DUI defense in Irvine, California

  • Top 100 Trial Lawyers recognition by The National Trial Lawyers

  • Nation’s Top One Percent recognition by the National Association of Distinguished Counsel

  • 10.0 Avvo rating with client and peer reviews

Protect Your License Before It’s Too Late After a DUI Arrest

You only have 10 days to request a DMV hearing after a DUI arrest.
Speak directly with an experienced DUI attorney today.

Call Now Before Your License Is Suspended: (714) 721-4423

Free Consultation Available • Speak Directly With an Attorney • Former DUI Prosecutor • 27+ Years Experience

Understanding DUI Charges in Orange County

A DUI arrest in Orange County triggers two separate cases at once: a criminal charge in Superior Court and a DMV hearing that can suspend your license on its own timeline. Wagner spent years on the prosecution side of these cases in Los Angeles. He knows what evidence gets filed, what gets challenged, and what gets cases dismissed.

What To Do After a DUI Arrest in Orange County

  • Request a DMV hearing within 10 days of your arrest
  • Avoid discussing your case with anyone but your attorney
  • Document everything you remember about the traffic stop and arrest
  • Call Wagner’s office immediately

Early action gives your defense the most room to work. Learn more about DUI charges in California.

Orange County Criminal Lawyer Richard Wagner
DUI Lawyer Orange County – Courtroom Defense

Why Choose Richard Wagner as Your DUI Lawyer Orange County?

  • 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-star Google reviews and top ratings across multiple legal platforms

Most DUI cases turn on the details, whether the stop was legal, whether the breath or blood test was administered correctly, whether the arresting officer followed protocol. 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.

DUI Defense Services in Orange County

Wagner defends all DUI charge levels in Orange County — first-time offenses, repeat DUIs, felony cases, and DMV license suspension hearings.

The Mission Is To Work With Each Client’s Unique Situation

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, A Professional Corporation, was built to represent the underdog, the excluded, and those who feel they have nowhere else to turn.

Recognized by Super Lawyers and AVVO, 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.

Orange County Criminal Lawyer Richard Wagner

Beyond 5 Stars

Richard Wagner expert drunk driving lawyer 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 with years of experience defending DUI arrests in Orange County. 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

courtroom representing Top-Rated Orange County Criminal Lawyer

Recognized by Super Lawyers one of the Top-Rated DUI Lawyers in Orange County

Orange County DUI Courts We Handle

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

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

What Happens After a DUI Arrest in California?

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

Learn about the California DUI 10-Day Rule.

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.E.
COURTHOUSE: HARBOR JUSTICE CENTER – NEWPORT BEACH
CHARGES: DUI (.17/.16 PAS / .17/.16 BREATH) HIT AND RUN
FINAL RESULT: PROSECUTOR REJECT – CASE NOT FILED. DMV SUSPENSION OVERTURNED. ARREST RECORDS SEALED.

CLIENT: A.M.
COURTHOUSE: NORTH JUSTICE CENTER – FULLERTON
CHARGES: FELONY DUI (.16 BREATH) GREAT BODILY INJURY
FINAL RESULT: NO STATE PRISON OR JAIL TIME – ELECTRONIC CONFINEMENT.

CLIENT: L.B.
COURTHOUSE: WEST JUSTICE CENTER – WESTMINSTER
CHARGES: 2ND DUI (.23 BLOOD) SUSPENDED LICENSE
FINAL RESULT: NO JAIL TIME – ELECTRONIC CONFINEMENT.

Google Client Reviews

As a former prosecutor in Los Angeles, Wagner knows how DUI charges are investigated, how evidence gets filed, and how prosecutors decide what to charge. He has spent 27+ years using that knowledge on the defense side.

If you have been arrested for misdemeanor or felony DUI in Orange County, call Wagner’s office before making any decisions about your case. Call: (714) 721-4423

Read about DUI vs. Wet Reckless  |  Best DUI Lawyers in Orange County

Richard Gave Me Peace Of Mind!, V.V., CA

“He really helped me out with my DUI case and answered any questions I had or needed to be answered and gave me peace of mind!”

– V.V.

Thank You Richard 10/10, B.C., CA

“I needed a lawyer who could help my case who is knowledgeable in the field, affordable, and can explain things to me simple. Richard saved me time and appeared on my behalf, filed paperwork, and He & His team were very accessible when I had questions! I had missed a deadline which I needed to request an extension in person – Richard was able to help me by showing up in person, filing the extension and I was out the building in 5 minutes.”

– B.C.

It’s All Thanks To DUI Lawyer Orange County Richard Wagner, J.M.L., CA

“In 1994, when I first immigrated to the U.S., I was having a drink. I was involved in a violent incident and hired a lawyer, but I suffered a lot and lost a lot of money because the case was handled incorrectly. After that, I distrusted lawyers. But this case made me respect lawyers. It’s all thanks to Richard Wagner. He handled the case diligently and accurately. Thank you again.”

– J.M.L., CA

I Would Give More Stars To Richard, I would, D.M., CA

“If I could give Richard Wagner more stars, I would. He was professional and honest from the start. I did not feel pressured once, rather heard. He was timely and efficient and I got the outcome in Court that I was promised. Really appreciative of how promptly he handled my case. A big thank you to him and his staff!!”

– D.M., CA

Richard Wagner Law – FAQ’s

Drivers arrested for DUI often have urgent questions about their driver’s license, court case, and potential penalties. Below are answers to some of the most important questions people ask when searching for a DUI lawyer in Orange County.

Choosing the best DUI lawyer in Orange County depends on experience, knowledge of local courts, and the ability to challenge DUI evidence effectively. Richard Wagner is a former DUI prosecutor with over 27 years of experience defending DUI cases throughout Orange County. He understands how prosecutors build DUI cases and uses that insider knowledge to challenge the evidence against his clients. Learn more about what to look for in the best DUI lawyer in Orange County and how the right defense strategy can protect your rights at every stage.

If you were arrested for DUI in Orange County, speaking with an experienced DUI lawyer in Orange County should be your first step. It is critical to act immediately. Write down everything you remember about the traffic stop and arrest, keep all paperwork, and avoid discussing your case with anyone other than your attorney. In most California DUI cases, you have only 10 days to request a DMV hearing to challenge the automatic suspension of your driver’s license. Learn more about the California DUI 10-day rule and DMV hearings in DUI cases.

You have only 10 days from the date of your arrest to request a DMV administrative hearing. If you miss this deadline, your license will be automatically suspended with no extensions available. This DMV process is entirely separate from your criminal court case and must be handled independently. Acting quickly allows a DUI lawyer to stay the suspension, preserve your driving privileges, and begin building your defense from the earliest possible stage.

A DMV Administrative Per Se (APS) hearing is a separate proceeding from your criminal court case. At the hearing, a DMV hearing officer reviews the evidence surrounding your arrest, including whether the officer had reasonable cause to stop you, whether the arrest was lawful, and whether your BAC was at or above the legal limit. You have the right to present evidence, cross-examine witnesses, and challenge the suspension. Winning a DMV hearing can prevent your license from being suspended entirely. Learn more about how DMV hearings work in DUI cases and how Richard Wagner fights to protect driving privileges from the moment of arrest.

After a DUI arrest in California, the arresting officer typically confiscates your physical license and issues a temporary pink slip that allows you to drive for 30 days. However, if you do not request a DMV hearing within 10 days of your arrest, your license will be automatically suspended at the end of those 30 days. Requesting a hearing stays the suspension while the hearing is pending. An experienced DUI lawyer can request the hearing on your behalf immediately and fight to preserve your driving privileges throughout the process.

DUI penalties in California increase significantly with each conviction. A first DUI can result in up to 6 months in jail, fines up to $10,000, a 4-month license suspension, probation, and 3 to 9 months of DUI school. A second DUI carries a minimum of 96 hours in jail, fines up to $20,000, a 2-year license suspension, and 18 to 30 months of DUI school. A third DUI can result in a minimum of 120 days in jail, a 3-year license suspension, and 30 months of DUI school. Aggravating factors such as a high BAC, refusal to test, injury to another person, or a child in the vehicle can significantly increase these penalties.

A second DUI in California is treated far more seriously than a first offense. While a first DUI may result in probation and a short license suspension, a second DUI within 10 years carries mandatory minimum jail time of at least 96 hours, a 2-year license suspension, a longer DUI school program, and the possibility of an ignition interlock device requirement. Prosecutors in Orange County typically take a harder stance on repeat offenders, making experienced legal representation even more critical for second-offense cases. Learn more about second DUI defense in Orange County.

Yes. Many DUI cases involve weaknesses in the evidence that a skilled defense attorney can identify and challenge. Issues such as an unlawful traffic stop, unreliable breath testing equipment, improper police procedures, or errors in blood sample handling may allow a case to be reduced to a wet reckless or dismissed entirely. A thorough legal review of the arrest circumstances, chemical testing records, and officer conduct can uncover these issues and create meaningful leverage in negotiations or at trial.

A wet reckless, formally charged as reckless driving involving alcohol under California Vehicle Code 23103.5, is a reduced charge that prosecutors may offer as a plea bargain when DUI evidence is weak or contested. It carries lower fines, shorter probation, and no mandatory license suspension in most cases. It also appears less severe on your record than a DUI conviction. However, if you are arrested for DUI again within 10 years, a wet reckless can still be counted as a prior DUI offense for sentencing purposes. Learn more about wet reckless vs. DUI in California.

Most DUI charges in California are misdemeanors, particularly for first-time offenses without aggravating circumstances. However, a DUI may be charged as a felony if it involves injury or death to another person, if the driver has three or more prior DUI convictions within 10 years, or if the driver has a prior felony DUI on their record. Felony DUI cases carry severe penalties including state prison time, a lengthy license revocation, and long-term consequences for employment and professional licensing. Learn more about felony DUI defense in Orange County.

Field sobriety tests, such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test, are voluntary in California. You are not legally required to perform them, and refusing does not result in an automatic license suspension. However, your refusal may be noted by the officer and potentially referenced as evidence. These tests are highly subjective, often administered on uneven surfaces or under poor lighting, and are frequently challenged in court. Learn more about field sobriety tests and your rights in California.

California’s implied consent law requires all drivers to submit to a chemical test, either breath or blood, following a lawful DUI arrest. Refusing a post-arrest chemical test results in an automatic license suspension of one year for a first offense, two years for a second, and three years for a third. Refusal can also be introduced as evidence against you in court and may result in enhanced penalties if you are convicted. Note that the pre-arrest roadside breathalyzer, called a Preliminary Alcohol Screening (PAS) test, is generally voluntary for adults not on DUI probation.

A DUI conviction in California stays on your criminal record permanently unless it is expunged. For purposes of DUI sentencing enhancements, prior DUI convictions are counted going back 10 years, meaning a second DUI within 10 years of a first will be treated as a second offense with harsher penalties. The conviction also remains on your DMV driving record for 10 years and is visible to employers, insurance companies, and professional licensing boards throughout that period.

Yes. Under California Penal Code 1203.4, a DUI conviction may be expunged if you successfully completed probation, did not serve time in state prison, and are not currently charged with or serving a sentence for another offense. An expungement allows you to withdraw your guilty plea and have the case dismissed, which can help significantly with employment applications and professional licensing. However, an expungement does not remove the DUI from your DMV record, and it can still be counted as a prior conviction if you are arrested for DUI again within 10 years. Learn more about DUI expungement in California.

A DUI conviction can affect employment in several ways depending on your profession. California employers may ask about criminal convictions, and industries including healthcare, law, education, transportation, and government contracting often require disclosure of a DUI to a licensing board. A conviction can result in suspension or revocation of professional licenses for nurses, teachers, pilots, real estate agents, and others. Commercial drivers face especially severe consequences, including possible disqualification from holding a CDL. Acting quickly to challenge DUI charges can help minimize these long-term career consequences.

Yes. Even a first-time DUI in Orange County can result in a criminal conviction, license suspension, significant fines, mandatory DUI school, and probation, all of which can follow you for years. Orange County prosecutors do not treat first-time DUI cases lightly. An experienced DUI lawyer can review the evidence for weaknesses, challenge the legality of the stop and arrest, negotiate for reduced charges, and represent you at both the DMV hearing and in court. Learn more about first-offense DUI defense in Orange County.

The cost of a DUI lawyer in Orange County depends on the complexity of the case, the attorney’s experience, and whether the case proceeds to trial. First-time misdemeanor DUI cases typically range from several thousand dollars, while cases involving injuries, prior offenses, license issues, or expert witnesses can be significantly higher. It is important to consider that the cost of not fighting a DUI, including fines, increased insurance rates, job consequences, and a permanent criminal record, often far exceeds the cost of quality legal representation.

Orange County is known for aggressively prosecuting DUI cases. Local prosecutors and judges take a strict approach, and the consequences of a conviction, including jail time, license suspension, fines, and a permanent criminal record, can be life-changing. Richard Wagner is a former DUI prosecutor with over 27 years of experience in Orange County courts. He knows how local prosecutors build their cases, where the evidence is vulnerable, and how to fight effectively at every stage. Working with a DUI lawyer who knows the Orange County court system can make a significant difference in the outcome of your case.

Orange County DWI Lawyer Richard Wagner

Richard Wagner works with expert witnesses, forensic consultants, and private investigators to build defenses that hold up. Over 27 years he has handled thousands of DUI and criminal cases throughout Southern California, with results including not-guilty verdicts, dismissals, acquittals, and reduced charges.

Whether you are facing a first-time DUI or a felony charge, Richard Wagner offers a free consultation to walk through your options and explain what the evidence actually means for your case.

Orange County DUI Defense Service Areas

Richard Wagner defends DUI cases throughout Orange County. Find information by offense type and location below.

Richard Wagner Will Fight For You

Priority #1: Zealous Advocacy – Protection Of Your Constitutional Rights

The Law Office of Richard Wagner, A Professional Corporation, focuses primarily on DUI defense. Wagner spent years as a Los Angeles DUI prosecutor before spending the last 27+ years defending the same types of cases in Orange County courts and at DMV hearings.

If you have been arrested for driving under the influence, call his office: DUI Attorney in Orange County.

Including your Constitutional Right:

  • to be represented by a California criminal defense attorney throughout all stages of the proceedings,

  • to produce evidence and witnesses on your own behalf,

  • against self-incrimination,

  • to testify on your own behalf,

  • to confront and cross-examine witnesses,

  • to a jury trial, where you would be presumed innocent, and could not be convicted unless 12 impartial jurors were convinced of your guilt beyond a reasonable doubt.

Speak With a DUI Lawyer Now

Call For A Free Consultation

DUI Lawyer Orange County Legal News & Insights

Learn about the latest news impacting the legal landscape

California’s New DUI Bills in 2026: What Does Every Orange County Driver Need to Know?

May 4, 2026|

California DUI bills 2026 represent the most aggressive anti-drunk-driving legislative package the state has seen in more than two decades. If you were recently arrested for DUI in Orange County — or [...]

Go to Top