San Juan Capistrano DUI Attorney

Over 27 Years of DUI Defense Experience. Former Prosecutor. Proven Results Across Orange County.

A DUI arrest in San Juan Capistrano can move fast, and what you do in the first hours and days can directly impact your license, your record, and your future. Working with an experienced DUI Lawyer Orange County early in the process can make a critical difference in the outcome of your case.

Richard Wagner is a former DUI prosecutor with over 27 years of experience defending clients throughout Orange County, including San Juan Capistrano. He understands how DUI cases are built and how to challenge the evidence at every stage. Richard Wagner is licensed by the State Bar of California, Bar #198699, and is recognized by Super Lawyers and the National College for DUI Defense.

Richard Wagner has personal ties to South Orange County, having grown up in the Capistrano Unified School District and attended Capistrano Valley High School.

Contact The Law Office of Richard Wagner today for a confidential consultation and begin building your defense. Read Richard Wagner’s profile

“Richard Wagner is great! He communicates well and makes sure you get the best outcome for you!”
— C.J., Los Angeles | Read more client reviews

A DUI charge in Orange County can carry serious consequences, including:

Hefty fines and court fees
Jail time
Driver’s license suspension
Damage to your reputation
Professional licensing consequences

Many drivers underestimate how serious a DUI arrest can be. Acting quickly and working with a skilled Orange County DUI attorney can help protect your future.

How DUI Charges Happen in San Juan Capistrano

DUI arrests can happen in a variety of situations, from routine traffic stops to accidents or even being found parked while impaired.

The CHP and Orange County Sheriff’s Department patrol I-5, Ortega Highway, Pacific Coast Highway, State Route 73, and State Route 241 looking for impaired drivers. The CHP office is located at 32951 Camino Capistrano, and the Orange County Sheriff’s Department substation is at 32506 Paseo Adelanto, both in San Juan Capistrano.

In California, you can be charged with DUI if your blood alcohol concentration (BAC) is at or above the legal limit, or if law enforcement believes your ability to drive was impaired.

California law sets the following BAC limits:

0.08% for drivers 21 and over (Vehicle Code 23152)
0.04% for commercial drivers (Vehicle Code 23152(d)) and for passenger-for-hire drivers such as rideshare and taxi drivers (Vehicle Code 23152(e))
0.05% for drivers under 21 (Vehicle Code 23140)
0.01% for drivers under 21, as California’s zero-tolerance threshold (Vehicle Code 23136), and for drivers 21 and over on DUI probation

Even if your BAC is below the legal limit, you can still be charged with DUI based on observed impairment. Read more about BAC. In some cases, drivers have been charged even with a BAC below 0.08%. Read how a below-limit BAC can still lead to DUI charges

It is also illegal to drive under the influence of a drug. Read more about drug DUI cases

You only have 10 days to request a DMV hearing after a DUI arrest. Missing this deadline can result in an automatic license suspension. Speak with an experienced Orange County DUI attorney immediately to protect your driving privileges.

Call (714) 721-4423 now to protect your license and your rights.

DUI Charges and DMV Hearings

A DUI arrest triggers two separate cases:

Your criminal court case
Your DMV license suspension hearing

The DMV can suspend your license even if your criminal charges are reduced or dismissed. This is why working with an experienced Orange County DUI attorney is critical early in your case.

Learn more about DMV hearings

What Richard Wagner Handles for Your San Juan Capistrano DUI

Richard Wagner personally handles every stage of your case, including:

Arraignment
Bail hearings
DMV license suspension hearings
Expungement and sealing of arrest records
Jury trials
Pretrial conferences
Probation violation hearings
Restitution hearings

Unlike firms that hand your case off to a less experienced associate, Richard Wagner handles your case personally from start to finish.

DUI Evidence and Defense Strategy

A strong DUI defense starts with a full investigation of the evidence, including:

Police reports and bodycam footage
Field sobriety tests
Breath or blood test results
Dispatch and 911 recordings

Law enforcement must follow strict procedures. Any violation of your rights, including an unlawful stop, an arrest made without probable cause, or improper testing, can lead to evidence being suppressed and your case potentially dismissed.

Your defense attorney is entitled to all evidence gathered during the investigation, including anything favorable to your defense, under Penal Code 1054 and Brady v. Maryland (1963) 373 US 83.

Subpoenas can be served on the CHP, Orange County Sheriff’s Department, or the Orange County crime lab to obtain evidence about blood testing procedures and lab protocols. Read more about DUI blood tests

Breath test evidence can also be challenged, including the required 15-minute observation period, operator training records, and machine calibration and maintenance logs. Read more about DUI breath tests

Penalties for a DUI in San Juan Capistrano

DUI penalties in Orange County can be severe and increase with repeat offenses or aggravating factors.

Prior DUI convictions
High BAC levels
Accidents or injuries
Refusal to submit to testing
Minors in the vehicle
Excessive speed or reckless driving

Whether this is your first DUI, a second DUI, a third DUI, or a case involving felony DUI with injury, the penalties and defense strategy change significantly based on prior history and the facts of the arrest.

Richard Wagner has achieved favorable outcomes for clients whose cases were filed at the Harbor Justice Center, including dismissals and overturned DMV suspensions. Review recent DUI case results for examples of how these cases have been resolved.

Frequently Asked Questions About DUI Charges in San Juan Capistrano

What court handles DUI cases from San Juan Capistrano?

DUI cases from San Juan Capistrano are heard at the Harbor Justice Center in Newport Beach.

Do I need a lawyer for my first DUI in San Juan Capistrano?

Yes. Even a first-time DUI can carry serious consequences. Learn more about first-time DUI defense.

What happens if I refuse a blood or breath test?

Refusing a chemical test after a lawful DUI arrest triggers an automatic license suspension. Learn more about refusing blood or breath tests.