Orange County DUI – LA County DUI

Former Los Angeles DUI Prosecutor Richard Wagner has over 22 years of experience.

If you or your loved one have been arrested and charged with DUI alcohol or drugs, The Law Office of Richard Wagner can help.

From its headquarters in Irvine, The Law Office of Richard Wagner handles cases throughout Southern California including Los Angeles.

Call 714-721-4423 to get straight-forward, honest advice from one of the best DUI defense attorneys.

Set yourself apart . Make the right decision. Get the best DUI lawyer you can.

Click Here for a list of Richard Wagner’s successful DUI cases.

Punishment for 1st DUI:

You can be sentenced up to 6 months in the Theo Lacy Branch Jail or Central Men’s /Women’s Jail or the Los Angeles County Jail. However, there is no mandatory jail time. In Orange County and LA County, most first DUI cases settle or come to an agreement with no jail time. You will be have to do a 3-month DUI program. If you’re BAC is .15% or greater, the District Attorney or City Attorney will want you do complete a 6 or 9 month DUI program.

You may be asked to complete a MADD Victim Impact class or HAM – Hospital and Morgue Program. You will be put on informal or summary probation for 3 years and pay DUI fines and fees which come close to $2,500.

DUI defense attorney Richard Wagner can convert fines to community service through OneOC to significantly reduce the amount you pay.

Your driver’s license will be confiscated and you may be given a temporary driver’s license for 30 days. You have 10 calendar days to request a DMV Hearing to fight your driver’s license suspension. DUI defense attorney Richard Wagner will get this time extended and request the hearing. It is not recommended you try to do this on your own.

Your driver’s license could be suspended for 4 months. DUI defense attorney Richard Wagner helps you get a restricted driver’s license. Completion of the alcohol program is required by the DMV to fully restore your driving privileges.

Some counties require an ignition interlock device (a device that prevents your car from starting if it detects alcohol on your breath) if your BAC is .15% or more or you refused a chemical test. In Orange and LA County, the courts no longer require the ignition interlock device. Your car insurance will go up and you will need to talk to your insurance company about any paperwork (SR-22) and how much it will go up and for how long.

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Punishment for 2nd DUI:

If you get a 2nd DUI within 10 years, you could be sentenced up to 1 year in the LA County Jail or Theo Lacy Branch Jail or Central Men’s /Women’s Jail. There is a mandatory jail by law.

In Orange County, the District Attorney will usually want between 45-120 days of jail depending on the facts of your case such as how close in time your previous DUI was.

In LA County, the DA and City Attorney are much more reasonable when it comes to jail time on second DUIs.

DUI defense attorney Richard Wagner will negotiate Supervised Electronic Confinement (SEC) or other options instead of going to jail such as DUI Court or Community Work Program (CWP). This volunteer program permits you to work 8 to 10 hours per day on public work projects instead of one day’s jail confinement.

In LA County, alternatives to jail include electronic confinement, SCRAM, work furlough / work release programs, and private – city jails. In Pomona, work release is called the Tree Farm.

You will be required to complete an 18-month DUI program and the MADD Victim Impact class. You will be on informal or summary probation for 3-5 years and ordered to pay DUI fines and fees which come close to $2500. DUI defense attorney Richard Wagner will convert fines to community service through OneOC.

Your driver’s license was probably confiscated. You may have been given a temporary driver’s license for 30 days. You have 10 calendar days to request a DMV Hearing to fight your driver’s license suspension. DUI defense attorney Richard Wagner will get this time extended and request the hearing. It is not recommended you try to do this on your own.

Your driver’s license could be suspended for 2 years. DUI defense attorney Richard Wagner helps you get a restricted driver’s license. Completion of the alcohol program is required by the DMV in order to fully restore your driver’s license.

Punishment for 3rd DUI:

If you get a 3rd DUI within 10 years, there is a mandatory 120 days in jail by law. In Orange County, the District Attorney will usually want between 180 – 365 days in Theo Lacy Branch Jail, Central Men’s /Women’s Jail or LA County Jail depending on the facts of your case such as how close in time your previous DUIs were.

In LA prosecutors are more reasonable. The keep in mind, the mandatory minimum jail sentence on a 3rd DUI is 120 days.

In LA County, alternatives to jail include electronic confinement, work furlough / work release programs, private – city jails, and rehab programs.

DUI defense attorney Richard Wagner will convert fines to community service through OneOC and possibly negotiate Supervised Electronic Confinement (SEC) or other options instead of going to jail such as DUI Court or Community Work Program (CWP). This volunteer program permits you to work 8 to 10 hours per day on public work projects instead of one day’s jail confinement.

You will be required to complete an 18- month DUI program and the MADD Victim Impact class. You will be on informal probation for 3-5 years and ordered to pay the DUI fines and fees which come close to $2500.

Your driver’s license will be confiscated and you may be given a temporary driver’s license for 30 days. You have 10 calendar days to request a DMV Hearing to fight your driver’s license suspension. DUI defense attorney Richard Wagner will get this time extended and request the hearing. It is not recommended you try to do this on your own.

Your driver’s license could be revoked for 3 years. DUI defense attorney Richard Wagner helps you get a restricted driver’s license. Completion of the alcohol program is required by the DMV in order to fully restore your driver’s license.

Punishment for 4th DUI:

If you get a 4th DUI within 10 years, you will be charged with a felony DUI charge. You could be sentenced to 16 months, 2 years, or 4 years in State Prison. However, you could be given probation and sent to Theo Lacy Branch Jail or Central Men’s /Women’s Jail. If that happens, you will be required to complete the DUI program and other the MADD Victim Impact Panel and pay fees and fines around $2500. If sent to state prison, you must complete the DUI program for the DMV only.

The District Attorney’s office in Orange County will want you to give a sample of your DNA to the Orange County District Attorney’s office. DUI defense attorney Richard Wagner will fight for you and go to the Judge to get a better offer without additional excessive conditions. DUI defense attorney

Richard Wagner will convert fines to community service through OneOC and possibly negotiate Supervised Electronic Confinement (SEC) or other options instead of going to jail such as DUI Court or Community Work Program (CWP). This volunteer program permits you to work 8 to 10 hours per day on public work projects instead of one day’s jail confinement.

How Long Am I Held In Jail For DUI In Orange – LA County?

For a 1st time DUI, you will usually be held at the local jail or taken to jail for less than a day and then released with your written promise to appear in court for your criminal case. If it is a 2nd or subsequent DUI, you may have to stay in jail until you post bail.

How Long Is A DUI On My Record?

That is a difficult question to answer because there is more than one record. In California, prosecutors and the DMV can look back as far as 10 years to see if there is a DUI on your driving print-out or criminal history to automatically increase your punishment. The 10 year period is counted from the date of arrest/offense — not from the date of conviction.

For example, you were arrested for a first DUI on September 1, 2008 but you went to court and eventually pleaded guilty on January 1, 2009. If you get another DUI before 10 years from the date of offense – September 1, 2008 – you will be charged with a prior DUI and be facing consequences.

DUI convictions stay on your record longer than 10 years. It is not uncommon for prosecutors to use DUI convictions older than 10 years to argue for increased punishment and to set bail.

Is My License Suspended Immediately After A DUI?

The arresting police officer will likely take your driver’s license and either issue you a temporary 30 days driver’s license or advise you to go to the DMV. Your driver’s license can be suspended immediately after a DUI arrest. DUI defense attorney Richard Wagner contacts the DMV for an Administrative Per Se (APS) Hearing to fight that suspension.

If your driver’s license is not taken by the arresting officer, it can also be taken as a result of what happens in court if you get a DUI. DUI defense attorney Richard Wagner helps you understand all of this.

There are proper procedures such as filling out the SR 22 form and paying fees and converting the suspension into a restriction license.

Is A DUI In Orange or LA County a Felony Or Misdemeanor?

1st, 2nd, and 3rd DUI’s within a 10 year period are usually charged as misdemeanors. A 4th DUI is charged as a felony. However, a 1st, 2nd, and 3rd DUI can also be charged as a felony if someone dies or is seriously injured as a result. If you have a prior felony DUI, any subsequent DUIs will likely be charged as felonies.

DUI defense attorney Richard Wagner fights to get that reduced to a misdemeanor. In Orange County, when you get convicted of a DUI, the Judge will warn you that if you drive while under the influence of drugs or alcohol and someone is killed as a result, the Orange County District Attorney can and will charge you with murder.

How Do I Get A DUI Off My Record?

An expungement – asking for the dismissal of your conviction based on no further law violations. An expungement will result in (1), an entry in the court record and your rap sheet as a later dismissal of your conviction, (2) allow you to answer legally and honestly that you have not been convicted of a crime on most job applications, and (3) prevent the use of the conviction to impeach you if you testify as a witness.

Can A DUI Affect Getting A Job? 

Getting a DUI can certainly affect getting a job. Some employers don’t hire anyone with a DUI conviction. If you drive for your job, a DUI can have a negative effect on your work. If you are applying for certain certifications, licenses, or government jobs, a DUI conviction may make you ineligible. This is why you need DUI defense attorney Richard Wagner to fight for you and see if they can get your DUI dismissed or reduced.

What Is The Difference Between A DUI & DWI?

A DUI stands for driving while under the influence of alcohol or drugs. A DWI stands for driving while intoxicated. Some states call it a DWI. In Orange Couny, we refer to it as a DUI. But, essentially it is the same thing.

How Much Does Car Insurance Go Up After DUI?

You will need to contact your insurance company to see how much your insurance will go up after a DUI arrest and conviction. However, statistics have shown your insurance premiums will increase.

Can I Expunge A DUI In Orange – LA County?

Yes, absolutely, but you need help. A DUI expungement in Orange or LA County is not just like any other expungement because of the political nature of DUI offenses. DUI defense attorney Richard Wagner files the proper paperwork on your behalf once you have completed all your conditions of probation.

Do First Time DUI Offenders Go To Jail In Orange – LA County, California?

The cop will take you to jail when he decides to arrest you for a DUI. On a 1st DUI, you will most likely be released within 8-12 hours with your written promise to appear for your court date.

What Kind of Drunk Driving Tests Are Used in Orange and LA County?

In OC, for Breath Tests: Police use the Lifeloc FC20 by Lifefloc Technologies, Inc. a fuel cell breath alcohol tester used as preliminary alcohol screening (PAS) before you are arrested or the Alco-Sensor VXL by Intoximeters, Inc. a small, lightweight, battery-operated, handheld machine.

In LA, the police use the Alco-Sensor as the PAS test – before arrest.

In OC after arrest, police use the Alco-Sensor VXL. These breath machines have fuel cells which convert fuel (alcohol) and an oxidant (oxygen) into a direct current. Alcohol is converted to acetic acid, producing two electrons for each alcohol molecule.  The electrons produce an electric current.

The results from a properly calibrated Alco-Sensor VXL have little significance if the breath sample is not properly collected. DUI defense attorney Richard Wagner knows the right way to collect a breath sample in California.

It is very important that breath alcohol testing be done according to the established rules and protocols.

In OC the results are uploaded to a database maintained by the Orange County Crime Laboratory. Click here to find out your breath alcohol results in Orange County.

In OC for blood tests: The Orange County Crime lab uses Headspace Gas Chromatography with flame ionization detection (FID) – mass spectroscopy (GC-MS) to determine (BAC) blood alcohol concentration. Click here to find out your blood test results in Orange County.

Sources of error are usually found when lab techs make mistakes in sampling and sample preparation.

In LA for blood tests: Crime labs use Headspace Gas Chromatography to analyze your blood sample for alcohol.

Headspace sampling technique is probably the easiest and simplest. It is based on gas laws (Henry’s Law). This basically says alcohol (a volatile substance) can be measured by analyzing the vapor above the specimen (blood) because they (vapor and blood) are in equilibrium.

In Los Angeles County, the Intox DataMaster DMT breath testing machine is used. This is a multiple wave-length infrared breath tester. It is maintained by the Los Angeles County Sheriff’s Department, Scientific Services Bureau.

In LA County, the Intox EC/IR II breath machine is also used. The Intox EC/IR II used a fuel cell coupled with an infrared detector. LAPD, SID maintains these machines.

DUI OC

OC DUI Defense – Former LA DUI Prosecutor

Richard Wagner has deep roots in Southern California – his family moved here in 1975. He went to grade school through high school in Orange County and currently lives in Orange County, California with his wife, two kids and their dog, Nera.

 

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