Orange County DUI Attorney Richard Wagner, has enjoyed years of success defending California DUI defense clients in criminal cases and we are ready to help you.
Top 30 DUI FAQs by Orange County DUI Lawyer Richard Wagner
Orange County DUI Lawyer Richard Wagner answers the top 30 DUI questions drivers in Irvine and across Southern California ask most. Learn about DUI penalties, DMV license hearings, expungements, and defense strategies. Protect your rights with an experienced criminal defense attorney.
Top 30 DUI FAQs Answered by Orange County DUI Lawyer Richard Wagner
1. What happens after a DUI arrest in Orange County?
After a DUI arrest in Orange County, you’ll receive a pink temporary license and a notice that your license will be suspended in 30 days unless you request a DMV hearing within 10 days. You’ll also be given a court date for your arraignment. Contact an experienced Orange County DUI lawyer immediately to protect your license and your rights.
2. Is a first DUI in California a misdemeanor or a felony?
Most first-time DUIs in California are misdemeanors, but they can become felonies if someone is injured. A skilled DUI attorney in Irvine can often reduce or dismiss charges by challenging the evidence and arrest procedures.
3. What are the penalties for a second DUI offense in California?
A second DUI within 10 years can lead to jail time, license suspension, increased fines, and mandatory DUI school. Early legal representation can help reduce penalties and prevent a longer ignition interlock period.
4. What are the penalties for a third DUI in California?
A third DUI offense in Orange County carries enhanced jail time, up to a three-year license revocation, and stricter probation terms.
5. Can a DUI be reduced to a “wet reckless”?
Yes. In many cases, an attorney can negotiate a plea to a “wet reckless,” which carries lighter penalties than a DUI conviction.
6. How long does a DUI stay on your record in California?
A DUI conviction stays on your criminal record permanently, but for sentencing purposes the DMV and courts look back 10 years to enhance future penalties.
7. How do I request a DMV hearing after a DUI arrest?
You must contact the DMV’s Driver Safety Office within 10 days of your arrest to request a DMV hearing. Your lawyer can do this on your behalf to stop the automatic suspension.
8. What is an Ignition Interlock Device (IID)?
An IID is a breath device installed in your car that prevents it from starting if alcohol is detected. Most DUI offenders in California must use one for several months to keep driving with a restricted license.
9. Can I drive to work after a DUI in California?
Yes, if you qualify for a restricted or IID license. These allow limited driving privileges for work, school, and DUI program attendance.
10. What happens if I refuse a breath or blood test?
Refusing a test triggers an automatic license suspension and can be used against you in court. However, an attorney can challenge the legality of the arrest or refusal warning.
11. Are field sobriety tests required in California?
No. You are not legally required to take field sobriety tests before arrest, but refusing a chemical test after arrest has consequences.
12. Can I get a DUI for prescription medication?
Yes. Even legally prescribed drugs like painkillers or sleep aids can cause impairment. A strong defense may include expert toxicology review, a good drug DUI defense can help.
13. Can I get a DUI for marijuana in California?
Yes. Although cannabis is legal, driving while impaired by THC is not. THC levels alone don’t prove impairment, so a knowledgeable DUI marijuana lawyer can often fight these charges.
14. What happens at my first court appearance (arraignment)?
At arraignment, you’ll hear the charges and can enter a plea. An attorney can appear for you in most misdemeanor DUI cases to save you time and stress. Read what Is An Arraignment in California?
15. Can I avoid jail time for a DUI in California?
Yes. Alternatives include community service, house arrest, or electronic monitoring. An experienced Orange County criminal defense lawyer can often negotiate these outcomes.
16. How long does a DUI case take in Orange County courts?
Most DUI cases take 3–6 months to resolve, but more complex cases involving injury or multiple offenses can take longer.
17. What defenses can an Irvine DUI lawyer use in court?
Common defenses include unlawful stops, faulty breath or blood testing, and improper searches and police procedures.
18. What makes a DUI a felony in California?
A DUI becomes a felony if it causes injury, involves prior felony DUIs, or is a fourth DUI within 10 years.
19. What is a “Watson Murder” DUI?
If a driver causes a fatal crash while under the influence and has prior DUI knowledge, prosecutors can file a Watson Murder charge.
20. What happens if someone is injured in a DUI crash?
You could face felony charges, longer license suspension, and even prison time. A DUI injury lawyer in Orange County can challenge causation and evidence.
21. Can I expunge a DUI in California?
Yes, once you complete probation, you may be eligible to expunge a misdemeanor DUI, removing it from public background checks.
22. Can I seal my DUI arrest record?
If your case was dismissed or you were found not guilty, you can petition to seal your arrest record.
23. How does a DUI affect car insurance rates?
A DUI can increase your premiums for up to 10 years, and insurers may require an SR-22 form to reinstate coverage.
24. What is an SR-22 and why do I need it?
An SR-22 is proof of financial responsibility filed by your insurance company to reinstate your suspended driver’s license after a DUI.
25. Will a DUI show up on a background check?
Yes, DUI convictions appear on both criminal and DMV records and can affect employment or licensing opportunities.
26. What if I was arrested for DUI but wasn’t read my Miranda rights?
Miranda rights apply to custodial interrogation, not the initial stop or field sobriety tests. However, statements made without them may be suppressed.
27. Can police search my car during a DUI stop?
Only with probable cause or consent. If officers overstep, your attorney can file a motion to suppress evidence.
28. How much does a DUI lawyer cost in Orange County?
Costs vary by case complexity, but hiring an experienced DUI attorney often saves you far more than going unrepresented by reducing penalties and protecting your license.
29. Why hire a local Orange County DUI lawyer?
Local attorneys understand the Orange County court system, judges, and prosecutors. This insight helps secure better plea deals and faster resolutions.
30. What should I do right after being arrested for DUI?
Stay calm, don’t admit guilt, and call an Orange County DUI defense attorney right away. Quick action can protect your driver’s license and your future.
Need Help Now?
Facing DUI charges in Orange County or Irvine? Call 714-721-4423 or visit The Law Office of Richard Wagner for a free consultation with an award-winning Orange County DUI lawyer.
Legal References & Statutory Authority
California DUI “Look-Back” Period – Vehicle Code Sections 23540 & 23546
In California, the 10-year look-back period for prior DUI convictions is measured from offense date to offense date, not from the conviction date. This means the time between when each DUI violation occurred — not when you were convicted — determines whether your new DUI is treated as a repeat offense.
The statutory language confirming this rule appears in the California Vehicle Code:
California Vehicle Code §23540 – Second Offense:
“If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction, that person shall be punished…”
California Vehicle Code §23546 – Third Offense:
“If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of two separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, that person shall be punished…”
This plain-language interpretation confirms that the 10-year period for DUI enhancements in California is measured by the date of the offenses themselves, not by when the cases are resolved or convictions entered.
⚖️ Trusted Legal Source
This interpretation is supported by California case law and statutory construction principles and is routinely applied in Orange County DUI courts and throughout Southern California.
Disclaimer: The information provided here is for general informational purposes only and does not constitute legal advice. For advice about your specific situation, please contact The Law Office of Richard Wagner, APC, at 714-721-4423.
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: