Contact for a Free Consultation 714-721-4423




Driving while under the influence of alcohol or drugs can be hazardous, putting everyone on the road at risk. When someone is charged with a DUI, they can face severe legal repercussions, including:

  • Hefty Fines and Restitution
  • Jail time
  • The loss of your driver's license
  • Damage to your reputation

"Richard is very professional, very communicative, and very knowledgeable when it comes to the court systems. I wouldn't trust anyone else in times like these! Thank you very much Richard." A.R. Aliso Viejo Read what other have to say

Richard Wagner is an experienced Mission Viejo DUI lawyer who will evaluate all the evidence to determine which DUI defenses apply to your DUI case.

Mission Viejo

Drivers who get arrested for a DUI in Mission Viejo may not realize the potentially drastic consequences and repercussions of a DUI arrest.

Therefore, it is important to seek legal assistance from a Mission Viejo DUI attorney as soon as possible.

Criminal Charges for a DUI in Mission Viejo

Many drivers face DUI charges after being pulled over or involved in a motor vehicle accident.

You can be charged with the crime of driving with a blood alcohol concentration (BAC) that is equal to or in excess of the legal limits. Read more about Blood Alcohol Concentration BAC

Generally, you are not allowed to drive with a BAC at or above:

  • 08% for drivers 21 and over in a non-commercial vehicle
  • 04% for drivers 21 and over while driving a commercial vehicle
  • 01% for drivers under 21 or for drivers 21 and over who are on DUI probation

However, California also has vehicle code sections that the Orange County DA will use to charge you with the crime of driving under the influence of alcohol, even if your BAC does not exceed the legal limits. Vehicle Code Sections 23152(a) and 23153(a). Read How Can I get a DUI with a BAC below .08%

Mission Viejo DUI lawyer

You may have gone out with friends to Patsy's or Costello's and listened to a live band. Or maybe you spent the day at The Mission Viejo Lake. You may have played a round and had a few drinks at Tijeras Creek, Arroyo Trabuco, Mission Viejo Country Club, or Oso Creek Golf Course (formerly known as Casta del Sol).

The Orange County Sheriff's Department and the California Highway Patrol patrol the 5 Freeway, 73 and 241, Marguerite, Oso, and Alicia Parkways to identify and apprehend DUI drivers.

For a free legal consultation with a DUI lawyer serving Mission Viejo, call (714) 721-4423

Penalties for a DUI Conviction in Mission Viejo

You can face severe criminal penalties if you are convicted of a DUI. The penalties for a DUI also become harsher as you accumulate more DUI convictions.

DUI charges can also become aggravated if the incident has certain aggravating facts, such as minors in the vehicle, injuries to others, excessive speed and reckless driving, and high BAC. Given the gravity of the situation, it is absolutely essential that you contact Mission Viejo DUI lawyer Richard Wagner without delay.

How A DUI Lawyer Can Help

A DUI attorney could potentially make the case that the police officer had no legitimate or legal justification for the traffic stop or didn't adhere to the necessary protocols when conducting sobriety evaluations or setting up a DUI checkpoint. Richard Wagner might be able to get your charges dismissed or reduced to a less severe charge.

Mission Viejo DUI Evidence

Both the Orange County Sheriff's Department and the CHP have video cameras and audio recording devices in their patrol cars. Your lawyer obtains all the necessary evidence regarding your DUI investigation and arrest.

dui lawyer mission viejo

Your DUI Lawyer should review all statements from percipient witnesses and physical evidence obtained in your DUI investigation, such as blood samples or breath samples.

Your DUI Defense Attorney should get all the evidence related to your case, including a thorough review of the Driving Under the Influence Report, as well as the Age 21 and Older Officer's Statement, DMV form DS367.

Your DUI Defense Attorney is entitled to get from the prosecution all relevant evidence seized or obtained as a part of the investigation. PC 1054. This includes all exculpatory evidence. Brady v. Maryland (1963) 373 US 83. This means all evidence that points to your innocence. 

Subpoenas can be served on the police or Orange County crime lab to discover evidence about the blood testing procedures and the breath test. Evidence can be obtained, such as records on whether the officer has been properly trained on how to give the AlcoSensor V-XL breath machine, and whether the breathalyzer was working properly at the time of the test. Calibration check and accuracy check records can be scrutinized.


Orange County Sheriff – Mission Viejo

California Highway Patrol – Capistrano (690)


If a deputy from the Orange County Sheriff's Department-Mission Viejo Police Services or an officer from the California Highway Patrol – Capistrano area arrests you for driving under the influence in Mission Viejo, your case will be in the Orange County Superior Court, Harbor Justice Center, 4601 Jamboree Road, Newport Beach, California.

The DMV is the Driver Safety Branch, located at 790 The City Drive, Suite 420, Orange, California, (714) 703-2511.


A DUI arrest in Mission Viejo requires help from a Mission Viejo DUI Defense Attorney who knows what evidence is important to defend your case. Call The Law Office of Richard Wagner today at (714) 721-4423 for a free consultation with DUI Defense Lawyer Richard Wagner to learn how to defend your case.

Mission Viejo is in south Orange County, California. Mission Viejo. It is about 50 miles south of Los Angeles and about 75 miles north of San Diego. MV is surrounded by Rancho Santa Margarita, Ladera Ranch, San Juan Capistrano, Laguna Niguel, Laguna Woods, and Laguna Hills.

Mission Viejo is home to the Shops of Mission Viejo, or Mission Viejo Mall, a mall with a number of restaurants, including the Cheesecake Factory, PF Chang's, and Islands. The Kaleidoscope Center is also in Mission Viejo. 

Saddleback College and several high schools from the Saddleback and Capistrano Valley Unified School Districts are found in Mission Viejo.

The top employers in Mission Viejo are Mission Hospital and Saddleback College.

Richard Wagner attended elementary school, junior high, and high school in the Capistrano Unified School District.