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ORANGE COUNTY DUI ATTORNEY

Set yourself apart. Make the right decision. Get the best DUI lawyer in Orange County you can.

If you are caught driving under the influence of alcohol or drugs in Orange County, you will be charged with a DUI. To make sure you have the best chance of success, hire a lawyer who specializes in DUI cases.

Former DUI Prosecutor Richard Wagner has over 24 years of experience.

Orange County DUI

             Harbor Justice Center

Call 714-721-4423 for straightforward, honest advice from one of the best OC DUI defense attorneys.

Orange County – home to Disneyland, Mission San Juan Capistrano, Knott’s Berry Farm, Angel Stadium “The Big A”, The Honda Center, Bowers Museum, Balboa Island, Newport Beach, Fashion Island, South Coast Plaza, and Laguna Beach.

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

When facing charges for a serious crime like a DUI, choosing the right Orange County DUI attorney to represent you is an important decision. You want an attorney with a complete understanding of how DUIs are handled in Orange County, willing to ruffle the establishment’s feathers and present a strong defense on your behalf.

Richard Wagner has a reputation for giving personalized service to his clients. He has a proven track record of success in defending DUI cases in Orange County, setting him apart from other Orange County criminal defense lawyers and law firms.

The goal is to help you get the best possible result in your Orange County DUI case, and that means personally handling every aspect of your defense. In other words, Richard Wagner handles your case from start to finish. He does not take your money and pass your DUI case off to another attorney. 

Punishment for 1st DUI:

The judge can sentence you up to 6 months in the Theo Lacy Branch Jail or Central Men’s /Women’s Jail. However, there is no mandatory jail time. In Orange County, most first DUI cases settle or come to an agreement with no jail time. You will have to do a 3, 6, or 9-month DUI program.

If your BAC is .15% or higher, the judge will consider your high BAC at sentencing. This is when you need OC DUI Attorney Richard Wagner on your side. 

You may have to complete a MADD Victim Impact Panel. You will be put on informal probation for 3-5 years and pay DUI fines and fees that come close to $2,500.

OC DUI defense attorney Richard Wagner may be able to convert fines to community service to reduce the amount you pay.

The officer took your license and should have given you a temporary driver’s license for 30 days. You have 10 calendar days to request a DMV Hearing to fight your suspension. DUI defense attorney Richard Wagner will get your license extended and set up the DMV Hearing. Do not try to do this on your own.

How Long Is My License My Suspended for a 1st DUI?

DMV suspends for 4 months as a result of the DMV Hearing.

DMV suspends for 6 or 10 months if you get convicted of a DUI.

DUI defense attorney Richard Wagner helps you get a restricted driver’s license. 

Some counties require an ignition interlock device (a device that prevents your car from starting if it detects alcohol on your breath). In Orange County, the courts no longer require the ignition interlock device. 

Punishment for Orange County 2nd DUI:

If you get a 2nd DUI in Orange County within 10 years, the judge could sentence you up to 1 year in the Theo Lacy Branch Jail or Central Men’s /Women’s Jail. There is mandatory jail.

In Orange County, the prosecutor will usually want you to serve between 90-120 days at the county jail depending on the facts of your case. This is one of many reasons why need DUI Attorney Richard Wagner on your side.

Complete an 18-month DUI program and the MADD Victim Impact class. The judge will put you on informal probation for 5 years and pay DUI fines of about $2500.

How a DUI Lawyer Can Help

Orange County DUI attorney Richard Wagner will negotiate house arrest, electronic confinement, Supervised Electronic Confinement (SEC), or other options instead of jail, such as DUI Court or Community Work Program (CWP), work furlough, work release, and residential rehab. 

The officer took your license and should have given you a temporary driver’s license for 30 days. You have 10 days to request a DMV Hearing to fight your driver’s license suspension. DUI defense attorney Richard Wagner will get your 30-day temporary license extended and set up the DMV Hearing. Do not try to do this on your own.

How Long Is My License My Suspended for a 2nd DUI?

DMV suspends for 1 year as a result of the DMV Hearing.

DMV suspends for 2 years if you get convicted of a DUI.

DUI defense attorney Richard Wagner helps you get a restricted driver’s license. 

Punishment for 3rd DUI:

If you get convicted of a 3rd DUI in Orange County within 10 years, the judge must sentence you to 120 days in jail. In Orange County, the DA will usually want between 180 – 365 days in Theo Lacy Branch Jail, Central Men’s /Women’s Jail depending on the facts of your case. This is one of the many reasons why you need a skilled DUI Attorney like Richard Wagner.

How A DUI Attorney Can Help

DUI attorney Richard Wagner will negotiate house arrest, electronic confinement, Supervised Electronic Confinement (SEC) or other options instead of jail such as DUI Court or Community Work Program (CWP), rehab treatment, electronic confinement, house arrest, residential rehab, or work furlough. 

Complete an 18- month DUI program and the MADD Victim Impact Panel. The judge will put you on informal probation for 5 years and order you to pay the DUI fines and fees will be at least $2500.

The officer took your license and should have given you a temporary driver’s license for 30 days. You have 10 calendar days to request a DMV Hearing to fight your driver’s license suspension. DUI defense attorney Richard Wagner will get your 30-day temporary license extended and request the hearing. It is not recommended you try to do this on your own.

How Long Is My License My Suspended for a 3rd DUI?

DMV suspends for 1 year as a result of the DMV Hearing.

DMV revokes for 3 years if you get convicted of a DUI.

DUI defense attorney Richard Wagner helps you get a restricted driver’s license. 

Punishment for 4th DUI:

If you get convicted of a 4th DUI in Orange County within 10 years, you will be charged with a felony DUI charge. You could be sentenced to 16 months, 2 years, or 4 years in State Prison. However, you could be given probation and sent to Theo Lacy Branch Jail or Central Men’s /Women’s Jail. If that happens, you will be required to complete the DUI program and other the MADD Victim Impact Panel and pay fees and fines. If sent to state prison, you must complete the DUI program for the DMV only.

The District Attorney’s office in Orange County will want you to give a sample of your DNA to the Orange County District Attorney’s office. Orange County DUI attorney Richard Wagner will fight for you and go to the Judge to get a better offer without additional excessive conditions.

Richard Wagner will possibly negotiate Supervised Electronic Confinement (SEC) or other options instead of going to jail such as DUI Court or Community Work Program (CWP), rehab treatment, county parole, work release, and electronic confinement. 

Frequently Asked Questions

How Long Am I Held In Jail For an Orange County DUI?

For a 1st time DUI in Orange County, you will usually be held at the local jail or taken to jail for less than a day and then released with your written promise to appear in court. If it is a 2nd or subsequent DUI, you may have to stay in jail until you post bail.

How Long Is 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 increase your punishment automatically. 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 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. But, it is common for prosecutors in Orange County 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 takes your driver’s license and gives you a temporary 30 days driver’s license. Your driver’s license can be suspended immediately after a DUI arrest. Orange County DUI attorney Richard Wagner contacts the Orange Driver Safety Office 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. OC DUI defense attorney Richard Wagner helps you understand all of this.

There are proper procedures for getting an SR 22 form and paying fees and converting the suspension into a restriction license.

Is an Orange County DUI a Felony Or Misdemeanor?

1st, 2nd, and 3rd DUIs within a 10-year period are usually charged as misdemeanors. A 4th DUI is charged as a felony. However, 1st, 2nd, and 3rd DUIs can also be charged as a felony. If you have a prior felony DUI, any subsequent DUIs will likely be charged as felonies.

Orange County DUI attorney Richard Wagner fights to get felonies reduced to misdemeanors. In Orange County, 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 Orange County District Attorney can and will charge you with murder.

How Do I Get 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, and (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.

Can A DUI Affect Getting A Job? 

Getting a DUI can certainly affect getting a job. Some employers don’t hire anyone with a DUI conviction. If you drive for your job, a DUI can have a negative effect on your work. If you are applying for certain certifications, licenses, or government jobs, a DUI conviction may make you ineligible. This is why you need DUI defense attorney Richard Wagner to fight for you and see if they can get your DUI dismissed or reduced.

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

How Much Does Car Insurance Go Up After a DUI?

Contact your insurance company to see how much your insurance will go up after a DUI arrest and conviction. However, statistics have shown your insurance premiums will increase.

Can I Expunge A DUI In Orange County?

Yes, absolutely, but you need help. A DUI expungement in Orange County is not just like any other expungement because of the political nature of DUI offenses. DUI defense attorney Richard Wagner files the proper paperwork for you once you have completed probation.

Do First-Time DUI Offenders Go To Jail In Orange County, California?

The cop will take you to jail when she decides to arrest you for a DUI in Orange County. On a 1st DUI, you will most likely be released within 8-12 hours with your written promise to appear for your court date.

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

In OC, for Breath Tests: Police use the Lifeloc FC20 by Lifefloc Technologies, Inc. a fuel cell breath alcohol tester used as preliminary alcohol screening (PAS) before DUI arrests, or the Alco-Sensor VXL by Intoximeters, Inc. a small, lightweight, battery-operated, handheld machine.

In OC after you get arrested for DUI, police use the Alco-Sensor VXL. These breath machines have fuel cells that convert 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 Alco-Sensor VXL have little significance if the breath sample is not properly collected. DUI defense attorney Richard Wagner knows how 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 OC the results are uploaded to the Orange County Crime Laboratory. Click here to find out your breath alcohol results in Orange County.

In OC for blood tests: The Orange County Crime lab uses Headspace Gas Chromatography with flame ionization detection (FID) – mass spectroscopy (GC-MS) to determine (BAC) blood alcohol concentration. Click here to find out your blood test results in Orange County.

DUI lawyers discover errors when lab techs make mistakes in sampling and sample preparation.

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.

Which Orange County DUI Lawyer Should I Choose?

In your search for a lawyer, consider avoiding law firms with websites that do not feature the names of the attorneys. The names of these firms are often “Orange County DUI Law Firm,” but there is no information about the lawyers who will be handling your case. It would be difficult to put trust in the attorney-client relationship when a firm is hiding information about the attorneys.

Also avoid firms with people calling themselves “Director of Business Development” or “Client Acquisition” who tell you your case will be handled by a “team.” Richard Wagner meets with you about your case and personally handles each DUI case from start to finish – the DMV license suspension hearing and the court case. There is no need to overcharge you to pay for members of the so-called team who touch your case. 

Make Sure Your DUI Lawyer Regularly Handles DUIs in Orange County 

The criminal justice system in Orange County is unlike any other criminal justice system in any other county in California. There are many reasons for the differences. Jurors and prosecutors are different due to the conservative political orientation of the county. The OC has many Republican voters from culturally conservative groups. If your blood alcohol level or breath alcohol level is .04 percent, the DA in Orange County will charge you with DUI. This is unlikely to happen in Los Angeles or other counties. 

The other huge difference is the amount of jail time prosecutors want to give you in Orange County. As you can see from the amount of jail time on a 2nd DUI and a 3rd DUI in Orange County, if you make the mistake and hire a fake Orange County DUI Attorney, he/she will not know how to handle this type of case.

Orange County DUI Lawyer – Former DUI Prosecutor

Richard Wagner has deep roots in Southern California—his family moved here in 1975. He went to elementary school through high school in Orange County and makes his home in Orange County, California with his wife, two kids, and dog, Nera.

From its Orange County headquarters in Irvine, The Law Office of Richard Wagner has over 24 years of experience representing DUI clients in all the courts in Orange County. Call 714-721-4423 for a free DUI Evaluation.

 

Orange County

7700 Irvine Center Drive
Suite 800,
Irvine, Orange County, CA. 92618
United States (US)
Phone: (714) 403-6317
Secondary phone: (714) 721 4423

 

 

Courthouses for Orange County DUI Arrests

North Justice Center at 1275 N. Berekely Avenue, Fullerton, California

West Justice Center, 8141 13th Street, Westminster, California

Harbor Justice Center, 4601 Jamboree Road, Newport Beach, California

Central Justice Center, 700 Civic Center Drive, Santa Ana, California

Central Jail Court, 550 N. Flower Street, Santa Ana, California

Community Court, 909 N. Main Street, Santa Ana, California