The Law Office of Richard Wagner, A Professional Corporation, defends DUI clients throughout Orange County, from first offense through felony DUI, DMV hearings, military diversion, and expungement. Call for a free consultation.
DUI Defense Services Orange County | Richard Wagner
Richard Wagner is a former Los Angeles DUI prosecutor who has spent over 27 years defending clients against DUI and criminal charges throughout Orange County. As the DUI Lawyer Orange County clients trust when facing serious charges, he knows exactly how prosecutors build DUI cases and how to fight back aggressively. Whether you are facing a first DUI offense, a felony DUI, or need help with military diversion or DUI expungement, Richard Wagner handles every stage of your case personally. Call (714) 721-4423 for a free, confidential consultation.
DUI Defense Services in Orange County
The Law Office of Richard Wagner provides aggressive DUI defense across every charge type in Orange County. As the DUI Lawyer Orange County clients trust, Richard Wagner has defended these cases for over 27 years. Call (714) 721-4423 for a free consultation.
DUI First Offense Defense
A first DUI conviction in California carries jail time, license suspension, fines, and a permanent criminal record. Attorney Wagner challenges BAC evidence, the legality of the traffic stop, and field sobriety test administration to fight for dismissal or reduction. Even high-BAC and accident cases can be successfully defended.
DUI Second Offense Defense
A second DUI within 10 years carries mandatory jail time, a 2-year license suspension, an 18-month DUI program, and a 12-month ignition interlock device requirement. Prior conviction validity, BAC evidence, and stop legality can all be challenged.
DUI Third Offense Defense
A third DUI carries 120 days to 1 year in county jail, a 3-year license revocation, and a Habitual Traffic Offender designation. Attorney Wagner evaluates every third-offense case for prior conviction challenges, BAC suppression, and charge reduction to avoid mandatory minimums.
Felony DUI and Bodily Injury Defense
A DUI that causes bodily injury can be charged as a felony under Vehicle Code 23153, carrying state prison time and a strike under California’s Three Strikes Law. Great Bodily Injury enhancements add additional years to the sentence. Attorney Wagner challenges causation, injury severity, and BAC evidence aggressively.
Watson DUI Murder Defense
When a DUI causes a death and the defendant has a prior DUI conviction, prosecutors may charge Watson murder under Penal Code 187, carrying 15 years to life in state prison. Attorney Wagner provides aggressive defense for Watson murder charges throughout Orange County.
Vehicular Manslaughter Defense
Vehicular manslaughter while intoxicated under Penal Code 191.5 is charged when a DUI causes the death of another person. The charge can be a misdemeanor or felony depending on whether gross negligence is alleged.
Drug DUI (DUID) Defense
DUI of drugs charges under Vehicle Code 23152(f) often rely on subjective officer observations and toxicology results that can be challenged. Attorney Wagner challenges drug recognition evaluations, blood test results, and chain of custody errors.
DUI Marijuana Defense
Despite legalization, driving under the influence of marijuana remains a crime in California. These cases often rely on weak observational evidence and THC blood levels that do not accurately reflect impairment. Attorney Wagner challenges marijuana DUI cases using scientific, legal, and constitutional defenses.
DUI Hit and Run Defense
A DUI combined with a hit and run allegation significantly increases criminal exposure. Leaving the scene of an accident under Vehicle Code 20001 or 20002 is a separate charge that can be a misdemeanor or felony. Attorney Wagner defends both charges simultaneously.
Underage DUI Defense
California’s Zero Tolerance Law makes it illegal for anyone under 21 to drive with any measurable amount of alcohol. An underage DUI can affect college admissions, financial aid, professional licensing, and career opportunities.
Boating Under the Influence (BUI) Defense
Boating under the influence under Harbors and Navigation Code Section 655 carries penalties similar to a DUI and is prosecuted aggressively in Orange County coastal jurisdictions. Attorney Wagner defends BUI cases involving recreational boats, jet skis, and sailboats throughout California.
Wet Reckless vs DUI
A wet reckless conviction under Vehicle Code 23103.5 is often a significantly better outcome than a DUI conviction — lower fines, shorter probation, and no mandatory license suspension. Attorney Wagner negotiates aggressively for wet reckless reductions when the evidence supports it.
Military Diversion for DUI
Veterans and active-duty service members charged with DUI in Orange County may be eligible to have their charges dismissed entirely through California’s Military Diversion program under Penal Code 1001.80. No guilty plea is required. Attorney Wagner has successfully obtained military diversion for veterans facing first and second DUI charges throughout Orange County.
Field Sobriety Test Challenges
Field sobriety tests are highly subjective, frequently administered under poor conditions, and often performed by officers who are not properly trained. Attorney Wagner challenges FST results and administration in every case where the evidence supports it.
Improper Search and Seizure Defense
If law enforcement lacked reasonable suspicion to stop your vehicle or probable cause to conduct a search, all evidence obtained after that point may be suppressed. A successful motion to suppress can result in dismissal.
Chemical Test Refusal Defense
Refusing a post-arrest chemical test in California triggers automatic license suspension and enhanced penalties. However, refusal cases involve specific constitutional and procedural requirements that must be met for the refusal to be used against you.
DMV Hearing Representation
A DUI arrest triggers two completely separate proceedings — one in criminal court and one with the DMV. You have only 10 days from the date of your arrest to request a DMV Administrative Per Se hearing. Missing this deadline results in automatic license suspension. Attorney Wagner handles both proceedings simultaneously from day one.
License Suspension and Restricted License
A DUI arrest and conviction both trigger license consequences through the DMV. Depending on your prior record and circumstances, you may be eligible for a restricted license allowing you to drive to work, school, and DUI programs.
Reckless Driving (Dry Reckless)
A dry reckless reduction from DUI under Vehicle Code 23103 carries no mandatory license suspension and no DUI designation on your record. Attorney Wagner negotiates for dry reckless reductions when the evidence supports it.
DUI Expungement
Under California Penal Code 1203.4, a DUI conviction may be expunged after successfully completing probation. An expungement dismisses the conviction and improves employment and professional licensing prospects.
Seal Arrest Records
If you were arrested but not convicted, you may be eligible to seal your arrest record under California’s updated record sealing laws. A sealed record cannot be disclosed in most circumstances and can improve employment and housing opportunities.
DUI and Professional License Defense
A DUI conviction can trigger licensing board investigations for nurses, doctors, teachers, lawyers, real estate agents, pilots, and other licensed professionals. Attorney Wagner fights to protect your professional license alongside your criminal defense.
Why Hire a Former DUI Prosecutor in Orange County?
Richard Wagner spent two years as a DUI prosecutor for the City of Los Angeles before dedicating his practice to defense in Orange County. He has appeared in Orange County courts for over 27 years and knows the prosecutors, judges, and procedures at every courthouse. As the DUI Lawyer Orange County clients trust when the stakes are highest, he brings insider knowledge that no amount of general criminal defense experience can replicate.
- Former Los Angeles DUI prosecutor — knows exactly how the prosecution builds its case
- Over 27 years defending DUI clients in Orange County courts
- Named to 2025 and 2026 Super Lawyers for DUI/DWI Defense
- 10.0 AVVO Rating — Superb
- 5-Star Google and Yelp reviews
- Personally handles every case from DMV hearing through trial
- Free, confidential consultations for all DUI cases in Orange County
Review his attorney profile, case results, and client reviews. If you have been arrested for DUI anywhere in Orange County, call (714) 721-4423 for a free, confidential consultation.
Orange County Courts Richard Wagner Appears In
Orange County Courts Richard Wagner Appears In
Attorney Wagner appears regularly at all four Orange County DUI courts and knows the prosecutors, judges, and procedures at each courthouse. Your case will be heard at the courthouse that serves the city where your arrest occurred.
- North Justice Center — Fullerton: Serves Anaheim, Brea, Buena Park, Fullerton, La Habra, Placentia, and Yorba Linda
- Central Justice Center — Santa Ana: Serves Santa Ana, Orange, Tustin, and surrounding cities
- Harbor Justice Center — Newport Beach: Serves Costa Mesa, Irvine, Laguna Beach, Newport Beach, and south Orange County coastal cities
- West Justice Center — Westminster: Serves Cypress, Fountain Valley, Garden Grove, Huntington Beach, Seal Beach, Stanton, and Westminster
Learn more about each courthouse, local prosecutors, and what to expect at your first court date on the Orange County DUI Courts guide.
Frequently Asked Questions — Orange County DUI Defense
Below are answers to the questions people facing DUI charges in Orange County ask most. Call (714) 721-4423) for a free consultation if you do not see your question answered here.
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, Bench Warrants, Burglary, Disturbing the Peace, Disorderly Conduct, Domestic Violence, Driving on a Suspended License, DUI, Expungements, Forgery, Grand Theft, Hit and Run, Indecent Misdemeanors, Vehicular Manslaughter While Intoxicated Without Gross Negligence, Violation of Protective Order. Richard Wagner is the best drunk driving defense attorney in the Orange County.
Including your Constitutional Right: