The Law Office of Richard Wagner, APC, 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 Practice Areas in Orange County
Former Los Angeles DUI prosecutor Richard Wagner has more than 27 years of experience defending DUI cases throughout Orange County. He understands how prosecutors build DUI cases and how to identify weaknesses in the evidence against you. Explore our DUI defense practice areas, including first DUI offenses, felony DUI, drug DUI, DMV hearings, military diversion, and DUI expungement. Learn more about working with an experienced DUI Lawyer Orange County, or call (714) 721-4423 for a free, confidential consultation.
DUI Defense Services in Orange County
The Law Office of Richard Wagner, APC provides experienced DUI defense across a full range of DUI charges and related matters throughout Orange County. As a former Los Angeles DUI prosecutor with more than 27 years of experience, Richard Wagner understands how prosecutors build DUI cases and how to identify weaknesses in the evidence against you. Explore the DUI defense practice areas below, or learn more about working with an experienced DUI Lawyer Orange County defendants can turn to for skilled representation. For a free consultation, call (714) 721-4423.
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 potentially serious sentencing enhancements. Great Bodily Injury enhancements can 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, prosecutors may pursue a Watson murder charge under Penal Code 187 when the evidence supports implied malice, potentially 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 may be charged when an alleged DUI results in the death of another person. The severity of the charge and potential penalties depend on the circumstances, including whether gross negligence is alleged.
Drug DUI (DUID) Defense
DUI of drugs charges under Vehicle Code 23152(f) often rely on officer observations, drug recognition evaluations, and toxicology results that may be challenged. Attorney Wagner examines blood test results, laboratory procedures, chain of custody, and the evidence allegedly showing impairment.
DUI Marijuana Defense
Despite legalization, driving under the influence of marijuana remains a crime in California. Unlike alcohol DUI cases, marijuana cases do not have a simple THC level that automatically establishes 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 can significantly increase criminal exposure. Leaving the scene of an accident under Vehicle Code 20001 or 20002 is a separate charge that may be prosecuted as a misdemeanor or felony depending on the circumstances. Attorney Wagner defends both allegations as part of a coordinated defense strategy.
Underage DUI Defense
California imposes strict alcohol-related driving laws on motorists under 21, including its Zero Tolerance Law. An underage DUI or related alcohol offense can result in license consequences and may affect education, employment, professional licensing, and future opportunities.
Boating Under the Influence (BUI) Defense
Boating under the influence under Harbors and Navigation Code Section 655 can result in serious criminal penalties. Attorney Wagner defends BUI cases involving recreational boats, jet skis, sailboats, and other vessels throughout Orange County and California.
Wet Reckless vs DUI
A wet reckless under Vehicle Code 23103.5 may be negotiated as a reduced charge in some DUI cases and can carry consequences that are less severe than a DUI conviction. Attorney Wagner pursues wet reckless reductions when weaknesses in the prosecution’s evidence and the circumstances of the case support that outcome.
Military Diversion for DUI
Qualifying veterans and active-duty service members charged with certain misdemeanor offenses may be eligible for California’s Military Diversion program under Penal Code 1001.80. When applicable, successful completion can result in dismissal of the charges. Attorney Wagner evaluates DUI cases involving military personnel to determine whether diversion may be available.
Field Sobriety Test Challenges
Field sobriety tests can be affected by road conditions, lighting, footwear, medical conditions, officer instructions, and other factors unrelated to alcohol impairment. Attorney Wagner examines how the tests were administered and challenges FST evidence when the circumstances support it.
Improper Search and Seizure Defense
If law enforcement lacked the legal justification required to stop, detain, search, or arrest you, evidence obtained as a result may be subject to suppression. A successful motion to suppress critical evidence can substantially weaken the prosecution’s case and, in some circumstances, lead to dismissal.
Chemical Test Refusal Defense
Refusing a required post-arrest chemical test in California can result in additional driver’s license and criminal consequences. However, refusal allegations involve specific legal and procedural requirements. Attorney Wagner examines whether the required advisements were properly given and whether the alleged refusal can be challenged.
DUI Checkpoint Stops
DUI checkpoint stops raise unique constitutional and procedural issues. Attorney Wagner evaluates checkpoint cases for compliance with California law, including checkpoint operation, officer discretion, detention procedures, and the evidence used to establish probable cause for a DUI arrest.
DMV Hearing Representation
A DUI arrest can trigger two separate proceedings: the criminal court case and an administrative driver’s license proceeding with the California DMV. In many DUI cases, you have only 10 days from the arrest to request a DMV Administrative Per Se hearing. Attorney Wagner handles both proceedings and fights to protect your driving privilege.
License Suspension and Restricted License
A DUI arrest and conviction can result in separate driver’s license consequences through the California DMV. Depending on the circumstances, prior record, and applicable requirements, some drivers may qualify for restricted driving privileges while their DUI case or suspension is pending.
Reckless Driving (Dry Reckless)
A dry reckless under Vehicle Code 23103 may be negotiated as a reduced charge in some DUI cases. Unlike a wet reckless, it does not contain the same alcohol-related notation for purposes of a future DUI prosecution. Attorney Wagner pursues dry reckless reductions when weaknesses in the evidence and circumstances support the resolution.
DUI Expungement
Under California Penal Code 1203.4, many people with a DUI conviction may be eligible to seek expungement after successfully completing probation and satisfying other requirements. Expungement can provide important benefits when applying for employment and moving forward after a conviction.
Seal Arrest Records
If you were arrested but not convicted, you may be eligible to have your arrest record sealed under California law. Eligibility depends on the circumstances of the case, but sealing an arrest record can provide important privacy and employment benefits.
DUI and Professional License Defense
A DUI arrest or conviction can create additional concerns for nurses, doctors, teachers, lawyers, real estate professionals, pilots, and other licensed professionals. Attorney Wagner considers potential professional licensing consequences as part of the overall DUI defense strategy.
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 2025–2027 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
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: