Los Angeles DUI

LA DUI Attorney

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

LA DUI Attorney Richard Wagner can help if you or your loved one have been arrested and charged with DUI in LA.

The Law Office of Richard Wagner handles cases throughout Los Angeles county.

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 the Los Angeles County Jail. However, there is no mandatory jail time. In 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 Los Angeles District Attorney or LA 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 summary probation for 3 years and pay DUI fines and fees which come close to $2,500.

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 at the El Segundo or Commerce Driver Safety Office 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. LA DUI 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 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.

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. There is a mandatory jail by law. The minimum amount of jail is either 96 hours or 10 days.

From having been an LA DUI prosecutor, LA DUI Attorney Richard Wagner knows how to negotiate with the DA and City Attorney when it comes to jail time on second DUIs.

LA DUI Attorney Richard Wagner will negotiate other alternatives to jail such as electronic confinement, SCRAM, Cal Trans, community service, community labor, work furlough / work release programs, and private – city jails. For example, if your case is in Pomona, work release is called Tree Farm.

You will be required to complete an 18-month DUI program and the MADD Victim Impact class and HAM – Hospital and Morgue Program. 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.

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 at the Commerce or El Segundo Driver Safety Office 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. LA DUI 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.

From having been an LA DUI prosecutor, LA DUI Defense Attorney Richard Wagner knows how to negotiate with the DA and City Attorney when it comes to jail time on second DUIs.

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

You will be required to complete an 18- month DUI program and the MADD Victim Impact class and HAM – Hospital and Morgue Program. 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 at the Commerce or El Segundo Driver Safety Office 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.

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 LA 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.

LA DUI Attorney Richard Wagner fights to get that reduced to a misdemeanor. In LA, 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 LA 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.

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 LA, we refer to it as a DUI. But, essentially it is the same thing.

Can I Expunge A DUI In LA County?

Yes, absolutely, but you need help. An Los Angeles DUI expungement 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.

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

In LA, the police use the Alco-Sensor as the PAS – preliminary alcohol screening test – before arrest. This breath machine has a fuel cell which converts 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 breath machine have little significance if the cop does not properly collect the breath sample. Former Los Angeles DUI prosecutor 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 Los Angeles County, law enforcement uses the Intox DataMaster DMT breath testing machine. 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, law enforcement also uses the Intox EC/IR II breath machine. The Intox EC/IR II used a fuel cell coupled with an infrared detector. LAPD, SID maintains these machines.

For blood tests in LA DUI cases: The 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.

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

Former LA DUI Prosecutor

Richard Wagner has deep roots in Southern California – his family moved here in 1975. He worked two years in downtown Los Angeles for the LA City Attorney’s Office as a prosecutor.

Contact The Law Office of Richard Wagner for your Los Angeles DUI 714-721-4423.