Orange County DUI Laws & Court Guide

Tustin DUI Attorney

Over 27 Years Experience in Tustin Dui Defense, Proven Track Record, Highly Rated and Reviewed Orange County Dui Defense Attorney, Former Los Angeles DUI Prosecutor.

Tustin DUI lawyer Richard Wagner has decades of experience fighting for clients facing DUI charges. As a former Los Angeles DUI prosecutor, he understands how these cases are built and how to challenge the evidence at every stage. Read Richard Wagner’s profile

Richard Wagner is licensed by the State Bar of California, Bar #198699. Working with an experienced DUI Lawyer Orange County early in the process can make a critical difference in the outcome of your case.

“Hiring attorney Richard Wagner was the best thing I have ever done for myself. He took a very scary time in my life and turned it into a positive experience with a wonderful outcome. He never judged me – he supported me and made me feel everything would be ok. And it was. Thank you Mr. Wagner. You are the best!” Ellen P., Tustin Read what others have to say

Drivers who get a DUI in Tustin may not be aware of the potentially drastic consequences and repercussions of a DUI arrest. 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
  • Professional or business license consequences

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

Highly Rated and Reviewed DUI Defense Attorney

  • Top 100 Lawyers by National Trial Lawyers
  • Top One Percent Attorneys by the National Association of Distinguished Counsel
  • 5-Star Reviews and Superb 10.0/10.0 Rating on AVVO
  • 5-Star Reviews on Google
  • 5-Star Reviews on Yelp

Having an experienced attorney for your DUI in Tustin can make a critical difference when facing DUI or other criminal charges.

Call Richard Wagner (714) 721-4423 today to confidentially discuss your situation and begin building your defense.

Criminal Charges for a DUI in Tustin

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 or “passenger for hire” vehicles
  • 05% for drivers under 21
  • 01% for drivers under 21 and for drivers 21 and over on DUI probation

These thresholds are established under California Vehicle Code Section 23152. California also has vehicle code sections that prosecutors use to charge you with driving under the influence of alcohol, even if your BAC does not exceed the legal limits. Vehicle Code Sections 23152(a) and 23153(a).

It is also illegal to drive under the influence of drugs.

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

DUIs in Tustin 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. 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 Tustin can help you decipher how the criminal case and DMV hearing work.

Tustin DUI Lawyer Near Me (714) 721-4423.

Penalties for a DUI Conviction in Tustin

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

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. Given the gravity of the situation, it is essential that you contact Tustin DUI lawyer Richard Wagner without delay.

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

How A DUI Lawyer Can Help

A DUI attorney could potentially make the case that the police officer had no legitimate or legal justification for the traffic stop or didn’t adhere to the necessary protocols when conducting sobriety evaluations or setting up a DUI checkpoint. Richard Wagner might be able to get your charges dismissed or reduced to a less severe charge.

Lawyers can also file suppression motions in court to challenge evidence based on a violation of your 4th Amendment right to be free from unreasonable searches and seizures. Read more about improper searches

Tustin DUI Evidence

The Tustin Police Department and the CHP patrol the freeways running through and around Tustin, including the 5 (Santa Ana Freeway), the 55 (Costa Mesa Freeway), and the 261 Toll Road, looking for impaired drivers. The Tustin Police Department is located at 300 Centennial Way, Tustin, California.

A knowledgeable Tustin 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 includes 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 or breath samples.

A complete evidence review includes the Driving Under the Influence Report and the Age 21 and Older Officer’s Statement recorded on DMV form DS367. Under Penal Code 1054, the prosecution is required to disclose everything gathered during the investigation, including material favorable to your defense, a right established in Brady v. Maryland (1963) 373 US 83.

Subpoenas can be served on the Tustin Police Department, CHP, or Orange County crime lab to discover evidence about the blood testing procedures and the breath test, including 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. Read more about DUI Breath Tests

It is highly recommended that you rely on a professional DUI lawyer for your Tustin 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.

DUI COURT / DMV INFORMATION

If you were arrested in Tustin for Driving Under the Influence, your case will be heard in the Orange County Superior Court, Central Justice Center, located at 700 Civic Center Drive West, Santa Ana, California.

This court also handles DUI cases from Santa Ana and Orange, as well as Villa Park.

The DMV is the Driver Safety Branch, located at 790 The City Drive, Suite 420, Orange, California, (714) 703-2511.

TUSTIN DUI LAWYER | FREE CONSULTATION

A DUI arrest in Tustin requires quick action. Call Richard Wagner, a knowledgeable and experienced DUI Defense Lawyer for drunk driving arrests in Tustin, at (714) 721-4423 to discuss your defense strategy confidentially.

Tustin is a city in central Orange County, California, known for Old Town Tustin’s historic district, The District at Tustin Legacy shopping and dining center, and the iconic Tustin blimp hangars, two of the largest wooden structures in the world, built during World War II at the former Marine Corps Air Station Tustin.

Tustin is bordered by Irvine, Santa Ana, and Orange, and is home to Tustin Ranch Golf Club and Peters Canyon Regional Park.

Rancho Santiago Community College District administrative offices and several Tustin Unified School District campuses are located in the city.