Orange County DUI Attorney - Richard Wagner

Orange County DUI Attorney – Former Prosecutor Richard Wagner

If you are looking for an experienced DUI attorney in Orange County, choosing the right lawyer can directly impact the outcome of your case. Richard Wagner is a former DUI prosecutor who now defends clients throughout Orange County, providing strategic, results-driven representation focused on protecting your license, your record, and your future.

Former DUI Prosecutor
27+ Years Experience
2025–2026 Super Lawyers
Thousands of DUI Cases Handled

Speak directly with Richard Wagner about your DUI case today.

Schedule your free consultation

DUI Attorney Orange County: What You Need to Know

When searching for a DUI attorney in Orange County, most individuals are looking for an experienced lawyer who understands local courts, DUI laws, and how to challenge evidence effectively. DUI cases involve both criminal charges and DMV proceedings, making it critical to have an attorney who can handle every aspect of your defense.

Looking for an experienced Orange County DUI attorney? Former prosecutor Richard Wagner has over 27 years of experience defending DUI cases in Orange County and provides strategic, results-driven representation.

Over 27 Years Experience in Orange County DUI Defense, Proven Track Record, Highly Rated and Reviewed Irvine DUI Defense Attorney, Former DUI Prosecutor.

“Richard was able to achieve an even better outcome for my case than what we initially thought was possible. I couldn’t be more grateful to him for this than I currently am. I highly recommend hiring him.” – J.P., Garden Grove
Read What Others Have To Say

🚨 Arrested for DUI in Orange County?
You only have 10 days to request a DMV hearing and protect your driver’s license.
Call (714) 721-4423 now for a free consultation.

If you were arrested for DUI, speaking with an experienced attorney as soon as possible is critical. A DUI arrest can lead to criminal charges, license suspension, fines, and long-term consequences that can impact your future.

Your license, your record, and your future are on the line. The decisions you make in the first few days after a DUI arrest can significantly impact the outcome of your case.

An experienced Orange County DUI attorney can evaluate the evidence, challenge the legality of the stop, and identify defense strategies that may reduce or dismiss the charges against you.

You only have 10 days from the date of your arrest to request a DMV hearing to challenge the automatic suspension of your license.
Read about DUI DMV Hearings

It is essential that anyone arrested for a drunk driving offense speak with a knowledgeable DUI attorney immediately.
Read Richard Wagner’s profile

Why Clients Choose Richard Wagner

Former DUI Prosecutor with insider knowledge
Over 27 Years of DUI Defense Experience
Handles Cases in All Orange County Courts
5-Star Reviews on Google, AVVO, and Yelp
Personally Handles Your Case from Start to Finish

DUI arrests in Orange County can occur anywhere, including coastal areas like Capistrano Beach, Doheny State Beach, and Dana Point, where local and state law enforcement actively patrol for impaired driving.

To give yourself the best chance of success, it is highly recommended that you hire a criminal defense lawyer who focuses on DUI cases and regularly appears in Orange County courts.

Click Here for a list of Richard Wagner’s successful DUI cases.

Highly Rated and Reviewed DUI Defense Attorney

2025 – 2026 Super Lawyer Criminal Defense DUI/DWI
Top 100 Lawyers by National Trial Lawyers
Top One Percent Attorneys by the National Association of Distinguished Counsel
Superb Attorney 10.0/10.0 Rating and 5-Star Reviews on AVVO
5-Star Reviews on Google
5-Star Reviews on Yelp

Orange County Drunk Driving Attorney

Richard Wagner is a DUI attorney based in Orange County who is dedicated to defending those accused of DUI offenses. He has a deep understanding of how DUI cases are investigated, filed, negotiated, and tried.

Mr. Wagner spent his first two years as a prosecutor. Today, The Law Office of Richard Wagner defends those arrested or charged with DUI throughout Orange County and Southern California.

Why Hiring an Orange County DUI Lawyer Matters

Not every criminal defense lawyer is the right fit for a DUI case. DUI defense requires a working knowledge of breath testing, blood testing, field sobriety tests, DMV administrative hearings, local court procedures, and the way Orange County prosecutors evaluate cases.

Richard Wagner personally handles DUI cases from start to finish. He does not take your money and hand your case to an unknown associate. He personally appears in court, handles DMV hearings, evaluates the evidence, negotiates with prosecutors, and prepares your defense strategy.

Richard Wagner Handles All Stages of Your OC DUI

Arraignment
Bail hearings
DMV license suspension hearing
Expungement and Sealing Arrest Records
Jury trials
Pretrial conferences
Probation violation hearings
Mandatory settlement conferences
Restitution hearings
Trial readiness conferences
Warrant recall hearings

In other words, Richard Wagner handles your DUI case from start to finish.

“Richard Wagner is considered one of the Best Orange County DUI Attorneys based on his experience, case results, and client reviews.”

The Harbor Justice Center in Newport Beach is one of the primary courthouses where DUI cases are handled in Orange County.

If you are comparing attorneys, you can also visit our Best DUI Lawyer Orange County page to evaluate what sets top DUI lawyers apart.

For general DUI defense services, visit our DUI Lawyer Orange County page.

Orange County DUI Attorney Guide to the DUI Process

A typical DUI case begins when a police officer claims to observe a traffic violation and then stops the vehicle. The alleged violation does not necessarily have to be impaired driving. In many cases, the reason for the stop is something as minor as a broken license plate light, expired registration, or another equipment-related issue.

In California, officers must generally have a reasonable suspicion to believe that a driver violated the law before stopping the vehicle. DUI checkpoints are an exception. At a checkpoint, drivers may be briefly detained even if the police do not have individualized suspicion. Read more about DUI Checkpoints

After the stop, the officer will approach the vehicle and begin speaking with the driver. The officer will look for signs of impairment, including bloodshot or watery eyes, slurred speech, fumbling with documents, or the odor of alcohol or marijuana.

If the officer suspects that the driver may be under the influence, they may ask the driver to get out of the car and perform a DUI investigation. This often includes field sobriety tests that are supposed to measure balance, coordination, divided attention, and the ability to follow instructions. Read more about Field Sobriety Tests

The officer may try to get the driver to take a breathalyzer at this point. The law requires the police to get your permission or consent if you are 21 years of age or older.¹

The PAS test is not mandatory for most drivers. However, if you are under the age of 21² or on DUI probation, then the PAS test is mandatory.

In Orange County, police use a hand-held breathalyzer at this stage called a Preliminary Alcohol Screening (PAS) test. In many cases, police use the Alco-Sensor VXL made by Intoximeters, Inc. or the Lifeloc FC20.

It is essential to have an experienced DUI Lawyer Orange County to represent you if you have been accused of drunk driving. Early intervention can make a major difference in protecting your license and challenging the evidence.

“Richard really helped me out with my DUI case and answered any questions I had or needed to be answered and gave me peace of mind!”

Arrest and Breath and Blood Tests in Orange County

If the officer believes that you have been driving under the influence of alcohol or drugs, they will arrest you. The officer is required by law to give you the choice of giving a breath or blood sample.³

The breath or blood testing after you have been arrested is referred to as the chemical test.

Refusing to take a test does not stop the prosecutor from charging you with DUI. In many cases, the police will seek a warrant and obtain a blood sample even if you refuse.

Orange County prosecutors can charge you with three separate California Vehicle Code violations.

Section 23152(a) is driving under the influence of alcohol.
Section 23152(b) is driving with a blood-alcohol concentration of 0.08 or higher.
Section 23152(f) is driving under the influence of a drug.

The prosecutor may also file a refusal enhancement, which can increase penalties and add jail exposure. For first-time offenders, the DMV penalty for refusing chemical testing is a 1-year suspension.⁴ During this period, the driver is not eligible for a restricted license.

Orange County police conduct breath tests after DUI arrests using a battery-operated hand-held device, often the Alco-Sensor VXL.

Breath and blood test evidence is a key part of DUI investigations in Orange County and is often used by prosecutors to support DUI charges.

The breath test results are printed in the form of a receipt.

Drivers who choose a blood test are sometimes taken to a hospital, but often a phlebotomist meets the officers at the jail or police station. Blood test results take longer because the sample must be sent to the Orange County Crime Lab in Santa Ana.

Where drugs are suspected, blood testing is usually the main evidence the prosecution will rely on. Read more about DUI Drug Charges

Why Hire a DUI Attorney in Orange County?

Protect your driver’s license from suspension
Challenge DUI evidence such as breath and blood tests
Reduce or dismiss charges when possible
Navigate complex Orange County court procedures

Criminal Charges in Orange County

After the arrest, the police officer prepares a report and sends it to the prosecutor. The prosecutor reviews the report and decides what charges to file. If the case is filed, the next major step is your arraignment. Read About Arraignments in California

In many DUI cases involving alcohol, the prosecutor files misdemeanor charges under California Vehicle Code Section 23152(a) and Vehicle Code Section 23152(b), alleging both driving under the influence and driving with a BAC of 0.08 percent or more.

What Happens If You Have a Drug or Marijuana DUI in Orange County?

Due to changes in policy, law enforcement practices, and the growing use of marijuana and prescription medications, DUI drug cases are increasingly common in Orange County.

Police and prosecutors are increasingly filing DUI drug cases under California Vehicle Code Section 23152(f). Read about DUI Drug Cases in California

It is illegal to drive while impaired by illegal narcotics such as cocaine, heroin, methamphetamine, or ecstasy. Many people are surprised to learn that it can also be illegal to drive while impaired by prescription medications.

Medications like Soma, Clonazepam, Vicodin, Xanax, or Ambien may lead to DUI charges if they impair your ability to drive safely. Having a valid prescription is not, by itself, a defense.

Related reading:

Orange County DUI Attorney Defense Strategies

There are many possible defenses that may be raised in fighting a DUI case. In some cases, the defense can challenge the initial stop if the officer did not have reasonable suspicion or probable cause.

DUI cases can be filed in courts throughout Orange County, depending on where the arrest occurred.

DUI defense cases are handled throughout Orange County, including all cities and court jurisdictions across the county.

Richard Wagner represents clients throughout Orange County, handling DUI cases in courts across the entire region.

This can be done by filing a motion to suppress evidence under California Penal Code Section 1538.5. If successful, the judge may exclude critical evidence, which can lead to a dismissal. Read more about improper searches and unlawful stops

The defense may also attack the results of breath or blood testing by questioning how the test was administered, whether the equipment was properly maintained, whether the blood sample was handled correctly, and whether the prosecution can prove the result accurately reflects the driver’s BAC at the time of driving.

In some cases, the defense may show that the driver was still in the absorptive phase when tested, which can produce a reading higher than the person’s actual BAC at the time they were driving. Read about breath testing during the absorptive phase

In appropriate cases, the defense may negotiate to reduce the DUI charge to a wet reckless, dry reckless, or another lesser offense.

Facing DUI Charges in Orange County?
Speak directly with Richard Wagner today.Call (714) 721-4423

“Rich is honest, reliable, straight forward and is always looking out for your best interest! Rich has helped me through a number of situations and I have always felt supported! I highly recommend his services! Rich will not let you down, you will not regret retaining him for legal help! Thank you Rich for always picking up the phone when I need help! You’re the BEST!”

DUI Penalties in Orange County, CA

DUI penalties vary depending on the facts of the case, whether there are prior convictions, whether someone was injured, whether there was an alleged refusal, and whether there are aggravating factors.

If you have a prior DUI within ten years, you may face mandatory jail time, fines, probation conditions, and an 18-month DUI program.⁵

If you have two prior DUIs within ten years, you may face a minimum of 120 days in county jail.⁶

Penalties can become more severe if you were driving on a suspended or revoked license, driving at an excessive speed,⁷ or driving with a child in the car.

Attorney Wagner fights your case and also negotiates alternatives to county jail, including Supervised Electronic Confinement (SEC), SCRAM, house arrest, work furlough, work release, and treatment-based alternatives when appropriate.

A fourth DUI within ten years can be charged as a felony. DUI accidents involving injury may also lead to felony charges and restitution exposure.

Richard Wagner represents DUI clients throughout Orange County, including Laguna Hills, Mission Viejo, Aliso Viejo, and Laguna Niguel.

The prosecutor can file DUI causing injury charges under California Vehicle Code Section 23153 if another person was injured. This is a wobbler offense that may be charged as either a misdemeanor or felony depending on the circumstances. Read about DUI Causing Injury Cases

In addition to court penalties, many people also face a separate DMV suspension. To challenge the Admin Per Se suspension, you must request a DMV hearing within ten days of the arrest. Read about DUI DMV Hearings

Charged with DUI in Orange County?
Speak directly with Richard Wagner today.Call (714) 721-4423

DUI Attorney Orange County

Orange County Criminal Lawyer Richard Wagner has earned a reputation as a respected and experienced trial lawyer. He understands how police and prosecutors investigate and file DUI cases, and he understands what is at stake for his clients.

If you have been arrested for or charged with Driving Under the Influence, it is critical to speak with a respected Orange County DWI lawyer as soon as possible.

DUI arrests can occur anywhere in Orange County, including high-traffic areas near John Wayne Airport in Irvine.

Richard Wagner represents DUI clients throughout Orange County, including Irvine and the John Wayne Airport area.

Richard Wagner is a former DUI prosecutor. He is highly respected in the legal community and known for his in-depth knowledge of DUI law and Orange County court practice.

Clients choose Richard Wagner because he personally handles DUI cases, gives straightforward advice, and has built a strong reputation for results and client service.

Orange County DUI Attorney Resource Center

Explore some of our most helpful DUI defense resources for Orange County drivers, including DMV deadlines, court appearances, first-time DUI charges, BAC issues, and possible defense strategies.

How to Find the Best DUI Attorney in Orange County

Which Orange County DUI Lawyer Should I Choose?

Transparency: Avoid law firms where it is difficult to identify the attorney who will actually handle your case. Be cautious of websites that sound like marketing operations rather than lawyer-led practices.

Trust: Be skeptical of firms where your consultation is handled by a salesperson, “director of operations,” or intake specialist instead of the actual lawyer who would defend your case.

Many DUI cases in Orange County are handled at courthouses in Santa Ana, including the Central Justice Center, as well as in Newport Beach, Fullerton, and Westminster, depending on where the arrest occurred.

Orange County DUI cases are handled through the Superior Court system at designated courthouses based on the location of the arrest.

View Orange County DUI Court Locations →

Accessibility: Richard Wagner personally meets with prospective clients, gives straightforward information, and personally handles the DMV hearing and court case from start to finish.

Clients often comment on how easy it is to reach him and how quickly he returns calls and emails. They also value the online case management system, which gives clients access to their files 24/7.

Reputation: Look at the five-star reviews, ratings, case results, and years of DUI experience. See what real clients say about the lawyer.

Client reviews are one of the most important factors when choosing the right DUI lawyer Orange County.

Richard Wagner has earned consistent 5-star reviews from clients across Orange County for DUI defense results and personalized representation.

Make Sure Your DUI Lawyer Regularly Handles DUIs in Orange County

The Orange County criminal justice system is different from many other counties in California. Prosecutors, judges, and jurors in Orange County often approach DUI cases differently than in Los Angeles or elsewhere.

For example, Orange County prosecutors may be more aggressive in charging DUI offenses even where the BAC is below 0.08 percent. Read how you can get a DUI when your BAC is under the legal limit

Another major difference is how aggressively prosecutors may seek jail time in repeat offense cases. That is one of the reasons it is important to hire a lawyer who regularly handles DUI matters in Orange County courts.

How an Orange County DUI Attorney Can Help

An experienced Orange County DUI Attorney understands how local courts and prosecutors handle DUI cases.
Choosing the right Orange County DUI Attorney can significantly impact the outcome of your case.
A knowledgeable Orange County DUI Attorney can challenge evidence and build a strong defense strategy.

DUI Cases Across Orange County Courts

DUI cases in Orange County are handled in several courthouses depending on where the arrest occurred. Understanding which court will hear your case—and how local procedures work—can play an important role in developing an effective defense strategy.

As an experienced DUI attorney in Orange County, Richard Wagner represents clients in courts throughout the county and is familiar with how cases are handled at each location.

Orange County DUI Courts and DMV Information

North Justice Center

1275 N. Berkeley Avenue, Fullerton, California. Cities Served: Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Los Alamitos, Placentia, Stanton, Yorba Linda, Villa Park.

West Justice Center / Stephen K. Tamura Justice Center

8141 13th Street, Westminster, California. Cities Served: Costa Mesa, Cypress, Fountain Valley, Garden Grove, Huntington Beach, Los Alamitos, Seal Beach, Stanton, Westminster.

Harbor Justice Center

4601 Jamboree Road, Newport Beach, California. Cities Served: Aliso Viejo, Balboa Island, Capistrano Beach, Coto de Caza, Corona del Mar, Dana Point, Foothill Ranch, Irvine, John Wayne Airport, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Lido Isle, Mission Viejo, Newport Beach, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Trabuco Canyon.

Central Justice Center

700 Civic Center Drive, Santa Ana, California. Cities Served: Orange, Santa Ana, Santa Ana Heights, Tustin, Tustin Foothills.

Central Jail Court

550 N. Flower Street, Santa Ana, California.

Community Court

909 N. Main Street, Santa Ana, California.

Richard Wagner has deep roots in Southern California—his family moved here in 1975. He attended school in Orange County and lives in Orange County with his wife and two children.

Having lived in Orange County for decades, Richard Wagner understands the local communities, courts, and how DUI cases are handled throughout the region.

Laguna Beach is one of the most iconic coastal communities in Orange County, where Richard Wagner has deep local roots.

Orange County DUI Attorney FAQs

Do I need an Orange County DUI Attorney for a first-time DUI?

Yes. Even a first DUI can lead to a suspended license, fines, probation, DUI school, and a criminal conviction. An experienced Orange County DUI Attorney may be able to challenge the stop, testing, or prosecution evidence and pursue a reduced charge or dismissal. Read more

How long do I have to request a DMV hearing after a DUI arrest?

You generally have only 10 days from the date of arrest to request a DMV hearing. An Orange County DUI Attorney can handle this process and help protect your driving privileges. Read more about DUI DMV hearings

Can an Orange County DUI Attorney get a DUI reduced to a wet reckless?

In some cases, yes. Depending on the facts, weaknesses in the evidence, BAC issues, and other circumstances, a DUI may be reduced to a wet reckless. Read more about wet reckless vs DUI

What happens at a DUI arraignment in Orange County?

The arraignment is typically your first court appearance, where the charges are read and you enter a plea. An Orange County DUI Attorney can help guide you through this critical stage. Read more about arraignments

Can I be charged with DUI if my BAC was under 0.08?

Yes. Orange County prosecutors may still file DUI charges even when the BAC is under 0.08 if they believe the evidence supports impairment. An Orange County DUI Attorney can challenge how that evidence is presented. Read more

What if my DUI involved marijuana or prescription drugs?

You can still be charged with DUI even if alcohol was not involved. An Orange County DUI Attorney can defend DUI drug cases based on blood results, officer observations, and drug recognition evidence. Read more about marijuana DUI defense

Why hire an Orange County DUI Attorney like Richard Wagner?

Richard Wagner is a former DUI prosecutor with over 27 years of experience defending DUI cases in Orange County. He understands how local courts and prosecutors handle these cases and provides personalized representation from start to finish.

Related DUI Defense Resources

Orange County Office

The Law Office of Richard Wagner, APC
7700 Irvine Center Dr #800
Irvine, CA 92618
Phone: (714) 721-4423
Text: (714) 403-6317
Email: deucelawyer@gmail.com

If arrested for an Orange County DUI, call (714) 721-4423 to learn more about our DUI defense services and schedule a free consultation with Richard Wagner.

Legal Authorities

¹ California Vehicle Code Section 23612(i) says, “If the officer decides to use a preliminary alcohol screening test, the officer shall advise the person that he or she is requesting that person to take a preliminary alcohol screening test to assist the officer in determining if that person is under the influence of alcohol or drugs, or a combination of alcohol and drugs. The person’s obligation to submit to a blood, breath, or urine test, as required by this section, for the purpose of determining the alcohol or drug content of that person’s blood, is not satisfied by the person submitting to a preliminary alcohol screening test. The officer shall advise the person of that fact and of the person’s right to refuse to take the preliminary alcohol screening test.”

² California Vehicle Code Section 13388(a) says, “If a peace officer lawfully detains a person under 21 years of age who is driving a motor vehicle, and the officer has reasonable cause to believe that the person is in violation of Section 23136, the officer shall request that the person take a preliminary alcohol screening test to determine the presence of alcohol in the person, if a preliminary alcohol screening test device is immediately available.”

³ California Vehicle Code Section 23612(a)(2)(A) says, “If the person is lawfully arrested for driving under the influence of an alcoholic beverage, the person has the choice of whether the test shall be of his or her blood or breath and the officer shall advise the person that he or she has that choice.”

⁴ California Vehicle Code Section 13353(a)(1) says, “If a person refuses the officer’s request to submit to, or fails to complete, a chemical test or tests pursuant to Section 23612, upon receipt of the officer’s sworn statement that the officer had reasonable cause to believe the person had been driving a motor vehicle in violation of Section 23140, 23152, or 23153, and that the person had refused to submit to, or did not complete, the test or tests after being requested by the officer, the department shall do one of the following: Suspend the person’s privilege to operate a motor vehicle for a period of one year.”

⁵ See, California Vehicle Code Section 23542. Conditions of probation for second offense.

⁶ California Vehicle Code Section 23548(a)(1) says, “If the court grants probation to any person punished under Section 23546, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in the county jail for at least 120 days…”

⁷ California Vehicle Code 23582(a) says, “Any person who drives a vehicle 30 or more miles per hour over the maximum, prima facie, or posted speed limit on a freeway, or 20 or more miles per hour over the maximum, prima facie, or posted speed limit on any other street or highway, and in a manner prohibited by Section 23103 during the commission of a violation of Section 23152 or 23153 shall, in addition to the punishment prescribed for that person upon conviction of a violation of Section 23152 or 23153, be punished by an additional and consecutive term of 60 days in the county jail.”