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DUI attorney in Costa Mesa

Costa Mesa DUI lawyer Richard Wagner has experience fighting for his clients facing DUI charges.

“Rich, It went really well today. Thanks for all your support and preparation. We appreciate your professional advice!” M.C. Costa Mesa Read what other have to say

Driving under the influence of alcohol or drugs can be hazardous, putting everyone on the road at risk. When someone is charged with a DUI, they can face severe legal repercussions, including:

  • Hefty Fines
  • Jail time
  • The loss of your driver's license
  • Damage to your reputation

The CHP patrols State Route 73 and State Route 55 (also known as the Costa Mesa Freeway) and the San Diego Freeway, Interstate 405 looking for drivers impaired by alcohol and drugs.

You and your friends may have gone to the many hotspots in Costa Mesa, like Seabirds Kitchen, The Country Club, Habana, The Harp Inn, Goat Hill Tavern, The Yardhouse, The Water Grill, or Mastro's.

CMPD officers patrol Bristol, 17th Street, and Harbor Boulevard looking for drunk drivers.

The Costa Mesa Police Department is located at 99 Fair Drive, Costa Mesa, California.

Having an experienced attorney for your DUI in Costa Mesa will ensure that your rights are protected when facing DUI or other criminal charges. Call Richard Wagner (714) 721-4423 today to confidentially discuss your unique situation and begin building your defense.

Criminal Charges for a DUI in Costa Mesa

Many drivers face DUI charges after being stopped or involved in an accident. The Orange County DA can charge you with driving with a blood alcohol concentration (BAC) that is equal to or in excess of the legal limits. Generally, you are not allowed to drive with a BAC at or above:

  • 08% for drivers 21 and over in a non-commercial vehicle
  • 04% for drivers 21 and over while driving a commercial vehicle
  • 01% for drivers under 21 or for drivers 21 and over who are on DUI probation

However, California also has vehicle code sections that prosecutors can use to charge you with a crime for driving under the influence of alcohol, even if your BAC does not exceed the legal limits. Vehicle Code Sections 23152(a) and 23153(a). For a free legal consultation with a DUI lawyer serving Costa Mesa, call (714) 721-4423.

DUIs in Costa Mesa and the Department of Motor Vehicles (DMV)

You will have to defend a criminal case if you are arrested and charged with a DUI. You face a hearing before the Department of Motor Vehicles (DMV). All drivers accused of a DUI have these two battles to fight.

The DMV gives you ten days after your DUI arrest or violation to arrange a hearing with the DMV.

The DMV will automatically suspend your license if you do not set up this hearing on time or correctly. The DMV has the power to suspend or revoke your license even if the DUI charges against you are reduced or dismissed.

A professional DUI defense lawyer in Costa Mesa can help you decipher how the criminal case and DMV hearing work. Costa Mesa DUI Lawyer Near Me (714) 721-4423.

Punishment for a DUI Conviction in Costa Mesa

You can face severe criminal penalties if you are convicted of a DUI. The penalties for a DUI also become harsher as you accumulate more DUI convictions. You can face severe criminal penalties if you are convicted of a DUI in Orange County courts.

Costa Mesa CA

The punishment for a DUI also becomes harsher as you get more DUI convictions. DUI charges can also become aggravated if your arrest has certain aggravating facts, such as

  • minors in the vehicle
  • injuries to others
  • excessive speed and reckless driving
  • high BAC
  • refusing to take a blood or breath test
  • hit-and-run or accident

Given the gravity of the situation, it is absolutely essential that you contact Costa Mesa DUI lawyer Richard Wagner without delay.

How A DUI Lawyer Can Help

After a review of the evidence in your case, your lawyer might be able to get your DUI dismissed by filing a motion to suppress under California Penal Code 1538.5.

This tells the Orange County Judge that the Costa Mesa police officer violated your 4th Amendment rights to be free from unreasonable searches and seizures when they stopped you without reasonable suspicion or arrested you without probable cause.

DUI Lawyers also review whether the Costa Mesa Police conducted the Field Sobriety Tests according to NHTSA criteria or set up the DUI checkpoint according to constitutional guidelines. Richard Wagner might be able to get your charges dismissed or reduced to a less severe charge.

Costa Mesa DUI Evidence

A skilled Costa Mesa DUI attorney can serve subpoenas on the Costa Mesa PD for evidence that shows you were innocent, such as video footage, audio recordings, and police dispatch tapes of your DUI investigation.

To build your defense, a complete investigation includes a review to see if the police violated any of your constitutional and statutory rights or privileges.

Costa Mesa 17th Street California

Your DUI Defense Attorney should thoroughly review the Driving Under the Influence Report, as well as the Age 21 and Older Officer's Statement, DMV form DS367.

Your DUI Defense Attorney can make document requests to the Orange County DA to get all evidence seized or obtained as a part of the investigation. PC 1054. This includes all evidence that shows you were innocent. Brady v. Maryland (1963) 373 US 83.

If you gave a blood sample: subpoenas can be served on the CMPD or OC crime lab for blood testing procedures and lab protocols to see if things were done right. 

Costa Mesa Police DUI Investigation

In breath test cases, the review of records includes checklists, calibration checks, maintenance and accuracy records, and officer training and certification records.

It is highly recommended you rely on a professional DUI lawyer for your Costa Mesa DUI to assess your legal options and strategy. The goal is to build a strong defense while helping you handle your court case and DMV license suspension hearing.


If you were arrested in Costa Mesa for Driving Under the Influence, your DUI case will be heard in the Stephen K. Tamura Justice Center formerly known as the West Justice Center, located at 8141 13th Street, Westminster, California.

The DMV for your Administrative DMV Hearing is the Driver Safety Branch, located at 790 The City Drive, Suite 420, Orange, California, (714) 703-2511. Read about DMV Hearings

Costa Mesa Driving Under the Influence Program

GOLD COAST COUNSELING 2950 Airway, Suite B-3 714-641-0532


If you were arrested for DUI in Costa Mesa, call Experienced Costa Mesa DUI Lawyer Richard Wagner at (714) 721-4423 to privately discuss your defense strategy.

Costa Mesa is a city in Orange County, California. Costa Mesa's population increased during and after World War II, as many thousands who trained at the Santa Ana Army Air Base returned after the war with their families. The largest center of commercial activity in Costa Mesa is South Coast Plaza, a shopping center with more than 270 stores. There is also The Lab Anti-Mall. 

El Pollo Loco, Hurley, RVCA, Toyota Racing Development, Vans, and Volcom are businesses with headquarters in Costa Mesa. The Orange County Fair takes place at the fairgrounds in Costa Mesa each July. The Segerstrom Center for the Arts and South Coast Repertory Theater are based in Costa Mesa.