SAN JUAN CAPISTRANO DUI ATTORNEY
OVER 24 YEARS EXPERIENCE IN DUI DEFENSE, PROVEN TRACK RECORD, HIGHLY RATED AND REVIEWED DUI DEFENSE ATTORNEY, FORMER DUI PROSECUTOR.
San Juan Capistrano DUI lawyer Richard Wagner has experience fighting for his clients facing DUI charges. Read Richard Wagner's profile
Having an experienced attorney for your DUI in San Juan Capistrano will make sure that you achieve the best possible outcome when facing DUI or other criminal charges.
“Richard Wagner is great! He communicates well and makes sure you get the best outcome for you!” C.J., Los Angeles Read what other have to say
Drivers who get a DUI in San Juan Capistrano may not be aware of the potentially drastic consequences and ramifications of a DUI arrest.
Therefore, it is important to seek legal assistance from a San Juan Capistrano DUI attorney as soon as possible to help protect your future.
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
You might have gone to Trevor's at the Tracks, Hennessey's, or the Swallow's Inn or played a round of golf at San Juan Hills.
The CHP and the Orange County Sheriff's Department patrol I-5, Ortega Highway, Pacific Coast Highway, California State Route 73, and California State Route 241, looking for drunk drivers.
The CHP office is located at 32951 Camino Capistrano, San Juan Capistrano, California.
Orange County Sheriff's Department is located at 32506 Paseo Adelanto, San Juan Capistrano, California.
Contact Richard Wagner today to confidentially discuss your unique situation and begin building your defense.
Criminal Charges for a DUI in San Juan Capistrano
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 prosecutors use to charge you with a crime for 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 Juan Capistrano, call (714) 721-4423.
DUIs in San Juan Capistrano 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 ten days after your DUI arrest to arrange the hearing with the DMV. Drivers who fail to arrange for this hearing in a timely and proper manner will have their driving privileges automatically suspended or revoked.
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 Juan Capistrano can help you decipher how the criminal case and DMV hearing work.
San Juan Capistrano DUI Lawyer Near Me (714) 721-4423.
Penalties for a DUI Conviction in San Juan Capistrano
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.
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,
- 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 Juan Capistrano DUI lawyer Richard Wagner without delay.
How A DUI Lawyer Can Help
Your DUI lawyer can potentially make the case that the police violated your rights by stopping you without reasonable suspicion or arresting you without probable cause. Your DUI Lawyer may find that the arresting officer failed to follow department protocols when conducting DUI evaluations or setting up the DUI checkpoint. Richard Wagner might be able to get your charges dismissed or reduced to a less severe charge.
San Juan Capistrano DUI Evidence
A knowledgeable San Juan Capistrano DUI attorney can serve subpoenas and make document requests on the Orange County District Attorney 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 entail an examination to see if your rights or privileges were violated and a compilation of data to build your defense including your right to a speedy trial.
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 Arrest 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. Your attorney should also be prepared to file motions if the Orange County DA is non-compliant with discovery obligations. PC 1054. This includes all exculpatory evidence. Brady v. Maryland (1963) 373 US 83.
Subpoenas can be served on the CHP or OSCD or Orange County crime lab to discover evidence about the blood testing procedures, lab methods, and policies.
For the breath tests, evidence can include:
- records on whether the officer has been properly trained on how to administer the AlcoSensor V-XL breath machine (operator training records)
- 15-minute observation period (Title 17 Issues)
- preliminary alcohol screening (P.A.S) tests
- whether the breathalyzer was working properly at the time of the test
- examination of calibration check, maintenance, and accuracy check records.
You should rely on a professional DUI lawyer for your San Juan Capistrano DUI to assess your legal options and strategy. The goal is to build a strong defense while helping you battle your court case and DMV hearing.
DUI COURT / DMV INFORMATION
If you were arrested in San Juan Capistrano for Driving Under the Influence, your case will be heard in the Orange County Superior Court, Harbor Justice Center, 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.
SAN JUAN CAPISTRANO DUI LAWYER | FREE CONSULTATION
If you were arrested for driving with a BAC of 0.08% or more in San Juan Capistrano, call Richard Wagner, a knowledgeable and experienced DUI Defense Lawyer for drunk driving arrests in San Juan Capistrano (714) 721-4423 to discuss your defense strategy confidentially.
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San Juan Capistrano is a city in south Orange County, California. San Juan is known for Mission San Juan Capistrano and its swallows. The birds return each year and are celebrated by the Swallows' Day Parade.
San Juan Capistrano is served by the Capistrano Unified School District of which DUI Attorney Richard Wagner is a product, attending Capistrano Valley High School.