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San Clemente DUI Attorney


Drivers who get a DUI in San Clemente may not be aware of the potentially drastic consequences and ramifications of a DUI arrest.

DUI lawyer in San Clemente

Therefore, it is important to seek legal assistance from a San Clemente DUI attorney as soon as possible to help protect your future.

San Clemente DUI lawyer Richard Wagner has experience fighting for his clients facing DUI charges. Read Richard Wagner's profile

Having an experienced attorney defend your DUI in San Clemente will make sure that you achieve the best possible outcome when facing DUI or other criminal charges.

“Mr Wagner was always available, informative. We were kept in the loop at all times. I would highly recommend his service and would use him again.” T.C. Read what others have to say

Driving under the influence of alcohol or drugs can be hazardous, putting everyone on the road at risk. When the Orange County DA charges you with a DUI, you can face severe legal repercussions, including:

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

The CHP and the Orange County Sheriff's Department patrol Interstate 5, which runs through San Clemente. looking for impaired drivers.

San Clemente DUI Lawyer

Orange County Sheriff's Department is located at 100 Avenida Presidio, San Clemente, CA.

Contact Richard Wagner today to confidentially discuss your unique situation and begin building your defense.

Criminal Charges for a DUI in San Clemente

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. 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's office uses to prosecute you for 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).

For a free legal consultation with a DUI lawyer serving San Clemente, call (714) 721-4423.

DUIs in San Clemente and the Department of Motor Vehicles (DMV)

You will likely have to defend a criminal case if you are arrested and charged with a DUI. You will also have to face an administrative hearing before the Department of Motor Vehicles (DMV). All drivers accused of a DUI have these two battles to fight.

The DMV gives you only ten days after your DUI arrest to set up the DMV Hearing. Drivers who fail to arrange for this hearing in a timely and proper manner face an automatic license suspension.Read more about DMV Hearings

The DMV has the power to suspend or revoke your license even if the DUI charges against you are reduced or dismissed. A professional DUI defense lawyer in San Clemente can help you decipher how the criminal case and DMV hearing work.

San Clemente DUI Lawyer Near Me (714) 721-4423.

Penalties for a DUI Conviction in San Clemente

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

San Clemente DUI Attorney

DUI charges can also become aggravated in San Clemente if there are certain aggravating facts, such as:

  • minors in the vehicle
  • injuries to others
  • excessive speed and reckless driving
  • high BAC
  • refusing to take a blood or breath test
  • hit-and-run or accident

Given the gravity of the situation, it is absolutely essential that you contact San Clemente 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 probable cause or reasonable suspicion for the traffic stop or didn't comply with California law or NHTSA procedures when conducting standardized field sobriety tests or setting up the DUI checkpoint in San Clemente. Richard Wagner might be able to get your charges dismissed or reduced to a less severe charge.

San Clemente DUI Evidence

A knowledgeable San Clemente DUI attorney can serve subpoenas to obtain and inspect the video footage and audio recordings, including radio dispatch tapes, of your DUI investigation that led to your DUI arrest. A complete investigation will include an examination to see if your rights or privileges were violated to build your defense.

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, and traffic collision report. 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.

dui lawyer san clemente

Subpoenas can be served on the police or crime lab, and document requests can be served on the Orange County DA to discover evidence about the blood testing procedures, lab methods, lab policies, and protocols.

Evidence of your breath test can include records on whether the officer was properly trained on how to administer the AlcoSensor V-XL breath machine, and whether the breathalyzer was working properly at the time of the test, calibration check, accuracy check, and maintenance records.

It is highly recommended that you rely on a professional DUI lawyer for your San Clemente DUI to assess your legal options and strategy. The goal is to build a strong defense while helping you handle your court case and DMV hearing.


If you were arrested in San Clemente for Driving Under the Influence, your arraignment for your DUI case will be in the Orange County Superior Court, Harbor Justice, located at 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. The Driver Safety office is not to be confused with the field office the DMV has in San Clemente.


If you were arrested for DUI in San Clemente, call Richard Wagner, a knowledgeable and experienced DUI Defense Lawyer for drunk driving arrests in San Clemente (714) 721-4423 to discuss your defense strategy confidentially.

San Clemente is a city in south Orange County, California. It is a popular tourist spot known for its beaches and surfing like Trestles, Lowers, Middles & Uppers, Calafia Beach Park, T-Street, The Pier, & 204.

Golfers tee it up at three public golf courses: Talega Golf Club, 990 Avenida Talega, San Clemente Municipal, 150 E Avenida Magdalena, or Shorecliffs at 501 Avenida Vaquero. There is also a private club – Bella Collina at 200 Avenida La Pata.