Riverside DUI Lawyer
OVER 25 YEARS EXPERIENCE IN DUI DEFENSE, PROVEN TRACK RECORD, HIGHLY RATED AND REVIEWED DUI DEFENSE ATTORNEY, FORMER DUI PROSECUTOR.
If you or your loved one have been arrested and charged with DUI alcohol or drugs in Riverside, you need help. Don't just get told what you want to hear. Get the information you need to hear.
"Couldn't ask for a better attorney, Very professional, always returns my calls, reasonable prices and got the best outcome possible. I highly recommend the Law Office of Richard Wagner to help you out of a jam." J.G., Desert Hot Springs Read what others have to say
Call 714-403-6317 or 714-721-4423 for straightforward and honest advice from one of the best Riverside DUI attorneys.
Set yourself apart from the crowd. Make the right decision. You owe it to yourself to get the best DUI lawyer you can.
Click Here for a list of some of Richard Wagner's successful DUI cases.
How a DUI Defense Attorney Can Help
Punishment for 1st DUI:
You can be sentenced to up to 6 months in the Riverside County Jail at the Cois M. Byrd Detention Center, John J. Benoit Detention Center, Larry D. Smith Correctional Facility, Robert Presley Detention Center. However, there is no mandatory jail time under California DUI law.
In Riverside County, DUI defense attorney Richard Wagner can settle or come to an agreement with the judge or DA with an alternative to jail time such as the Supervised Electronic Confinement Program (SECP) or Work Release Program.
You will have to do a 3-month DUI program. If you're BAC is .15% or greater, the District Attorney will want you to complete a 6 or 9-month DUI program. You may be asked to complete a MADD Victim Impact class. You will be put on informal probation for 3-5 years and pay DUI fines and fees which come close to $2,500.
Your driver's license may have been confiscated by the police. You may be given 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 this time extended and request the hearing.
Do not try to do this on your own. Your driver's license could be suspended for 4 months if you lose your DMV Hearing. If you get convicted of a DUI in court, the DMV will suspend your license for 6 or 10 months. DUI defense 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. Here, in Riverside, some DAs 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 Riverside County Jail at the Cois M. Byrd Detention Center, John J. Benoit Detention Center, Larry D. Smith Correctional Facility, Robert Presley Detention Center.
In Riverside County, DUI defense attorney Richard Wagner can settle or come to an agreement with the judge or DA with an alternative to jail time such as the Supervised Electronic Confinement Program (SECP) or Work Release Program.
You will be required to complete an 18-month DUI program and the MADD Victim Impact class. You will be on informal probation for 3-5 years and ordered to pay DUI fines and fees which come close to $3500.
Your driver's license was probably confiscated by the cops. You were given 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 this time extended and request the hearing.
Do not try to do this on your own. Your driver's license could be suspended for 1 year if you lose your DMV Hearing and for 2 years if you get convicted of a 2nd DUI in court. 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.
Punishment for 3rd DUI:
If you get a 3rd DUI within 10 years, there is a mandatory 120 days in the Riverside County Jail at the Cois M. Byrd Detention Center, John J. Benoit Detention Center, Larry D. Smith Correctional Facility, Robert Presley Detention Center.
Riverside DUI lawyer Richard Wagner may be able to settle your case with the judge or the Riverside DA with an alternative to some or all of the jail time such as the Supervised Electronic Confinement Program (SECP) or Work Release Program.
You will be required to complete an 18- month DUI program and the MADD Victim Impact class. You will be on informal probation for 3-5 years and ordered to pay the DUI fines and fees which come close to $3500.
Your driver's license was most likely confiscated by the police. You were given 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 this time extended and set up the DMV Hearing.
Do not try to do this on your own. Your driver's license could be suspended for 1 year if you lose your DMV Hearing and revoked for 3 years if you get convicted of your 3rd DUI in court. 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.
Punishment for 4th DUI:
If you get a 4th DUI 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 the Riverside County Jail at the Cois M. Byrd Detention Center, John J. Benoit Detention Center, Larry D. Smith Correctional Facility, Robert Presley Detention Center.
In Riverside County, DUI defense attorney Richard Wagner may be able to settle or come to an agreement with the judge or DA with an alternative to some or all of the jail time such as the Supervised Electronic Confinement Program (SECP) or Work Release Program. If that happens, you will be required to complete the DUI program and the MADD Victim Impact Panel and pay fees and fines of around $3500. If sent to state prison, you must complete the DUI program for the DMV only.
DUI defense attorney Richard Wagner will fight for you and go to the Judge to get a better offer without additional excessive conditions.
How Long Are You Held In Jail For DUI In Riverside County, California?
For a 1st time DUI, you will usually be held at the local jail or taken to Riverside County Jail – Cois M. Byrd Detention Center, John J. Benoit Detention Center, Larry D. Smith Correctional Facility, Robert Presley Detention Center for less than a day and then released with your written promise to appear in court for your criminal case. If it is a 2nd or subsequent DUI, you may have to stay in jail until you post bail.
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 driver 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 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 common 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 suspended by the DMV at the APS Hearing, the DMV is looking to suspend if you get a DUI in court. DUI Attorney Richard Wagner will help 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. Read more about DUI license suspensions and restricted licenses
Is A DUI In Riverside County, California A Felony Or a 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, a 1st, 2nd, and 3rd DUI can also be charged as a felony if someone dies or is seriously injured.
If you have a prior felony DUI, any subsequent DUIs will likely be charged as felonies. DUI defense attorney Richard Wagner fights to get that reduced to a misdemeanor. In Riverside 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 District Attorney can and will charge you with murder. Read more about DUI Injury Cases - Felony or Misdemeanor
What Is The Bail Amount For DUI?
The bail amount in Riverside County for a DUI is:
1st time: $0
2nd time: $5,000
3rd time: $7,500
4th time: (felony) $50,000 - Read More about Bail
Can I Pass A Background Check?
A DUI shows up on your background check unless you get it dismissed (expunged). Most employers ask on job applications if you have been convicted of any felonies, so make sure you read the questions carefully.
They usually do not ask about misdemeanors. However, if they do a thorough background check, all your criminal convictions will show up. Any certifications, licensing, and/or government background checks will also show any DUI convictions.
How Do I Get A DUI Off My Record?
An expungement – asking the court to dismiss your conviction. 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.
Can A DUI Affect Getting A Job? Are There Career Implications?
Getting a DUI can certainly affect getting a job. Some employers will not hire anyone with a DUI conviction. If your job entails driving, a DUI can have adverse effects on your everyday work. If you are applying for certain certifications, licenses, or government jobs, a DUI conviction may make you ineligible. This is why you need a good DUI defense attorney 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 California, we refer to it as a DUI. But, essentially it is the same thing.
How Much Does Car Insurance Go Up After DUI?
You will need to 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 Riverside County, California?
Yes, absolutely. A DUI expungement in Riverside County is possible. DUI defense attorney Richard Wagner files the proper paperwork on your behalf once you have completed all your conditions of probation.
Do First-Time DUI Offenders Go To Jail In Riverside?
Yes, usually the cop will take you to jail when she decides to arrest you for a DUI. 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 Riverside?
For Breath Tests: Police in Riverside use the Lifeloc FC20 by Lifefloc Technologies, Inc. A fuel cell breath alcohol tester is used as preliminary alcohol screening (PAS) before you are arrested. After arrest, Riverside uses the Alcotest 7510, by Draeger Safety Diagnostics, Inc. This is also a handheld, portable, fuel cell breath alcohol tester.
Both machines use electrochemical oxidation/fuel cell analytical technology.
The results from a properly calibrated breath test machine have little significance if the breath sample is not properly collected. DUI defense attorney 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.
Results from the Alcotest 7510 are uploaded to a database maintained by the Bureau of Forensic Services, Riverside Regional Lab.
For blood tests: Blood samples are typically sent to Bio-Tox Laboratories which uses Dual Column Headspace Gas Chromatography (GC) with flame ionization detection (FID) to analyze your blood sample for BAC.
Headspace sampling techniques are 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.
Where are the Courts for DUIs in Riverside County?
Blythe Courthouse, 265 N. Broadway, Blythe, CA 92225; Larson Justice Center, 46-200 Oasis Street, Indio, CA 92201; Riverside Hall of Justice, 4100 Main Street, Riverside, CA 92501; Southwest Justice Center, 30755-D Auld Road, Murrieta, CA 92563.
If you get a DUI in Riverside, you need help from a former DUI Prosecutor with over 24 years of experience. Contact The Law Office of Richard Wagner, A Professional Corporation. Call 714-721-4423 for a confidential, free DUI case evaluation.
