Richard Wagner
Top rated DUI-DWI attorney in Irvine, California
The Law Office of Richard Wagner, APC
Practice areas: DUI-DWI, Criminal Defense
Licensed in California since: 1998
Education: Chapman University School of Law
Selected to Super Lawyers: 2025 - 2026 
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Free Consultation The Law Office of Richard Wagner, APC
7700 Irvine Center DrSuite 800
Irvine, CA 92618 Phone: 714-403-6317 Email: Richard Wagner Visit website
Details 
Richard Wagner's practice emphasizes the defense of those accused of drunk driving and select criminal matters in Southern California courts.
Richard Wagner is a graduate of the Chapman University School of Law.
Richard Wagner is a member of the:
- American Bar Association
- California DUI Lawyers Association
- California Attorneys for Criminal Justice
- California Public Defenders Association
- Independent Defense Counsel Office
- National Association of Criminal Defense Lawyers
- National College for DUI Defense
- National Trial Lawyers: Top 100
- National Association of Distinguished Counsel: Top One Percent
- Newport Harbor Bar Association
- Orange County Bar Association
- State Bar of California
- William P. Gray Legion Lex American Inn of Court
First Admitted: 1998, California
Professional Webpage: https://www.criminaldefensestrikeforce.com/attorney-profile-...
Bar / Professional Activity
- William P. Gray Legion Lex American Inn of Court. The American Inns of Court is an association of lawyers, judges, and other legal professionals from all levels and backgrounds who share a passion for professional excellence. Through regular meetings, members are able to build and strengthen professional relationships; discuss fundamental concerns about professionalism and pressing legal issues of the day; share experiences and advice; exhort the utmost passion and dedication for the law; provide mentoring opportunities; and advance the highest levels of integrity, ethics, and civility. Our Inns have gained a national and international reputation as an organization that bridges the gap between formal law school education and legal practice by offering career-long continuing education in the Common Law tradition., 2025
- I presided as an attorney arbitrator in a mandatory fee arbitration through the Orange County Bar Association in the case of Brannon v. Sullivan & Associates on 12-1-25., 2025
- The Newport Harbor Bar Association is the regional bar association for the legal communities of Newport Beach, Irvine, Costa Mesa, Laguna Beach, Laguna Woods, Aliso Viejo, Lake Forest, and surrounding areas of Orange County. Newport Harbor Bar Association, founded in April 11, 1978, is an independent association of sole practitioners and small firms in Orange County, California. Member attorneys are seasoned practitioners in their areas of legal expertise and provide personalized, caring service to their clients., 2025
- California Attorneys for Criminal Justice, Member, 2024
- National Association of Criminal Defense Lawyers, Member, 2024
- The National Trial Lawyers Top 100 , 2024
- National College of DUI Defense,Member, 2024
- California DUI Lawyers Association, Member, 2024
- American Bar Association, Member, 2024
- California Public Defender's Association, Member, 2024
- Orange County Bar Association, Member, 2024
Verdicts / Settlements (Case Results)
- Orange County DA charged the client with Felony and Misdemeanor Hit and Run and Felony DUI with a BAC of 0.25%. DA offer was to have the client serve 365 days (1 year) in the Orange County Jail. The client served no jail time after completing pre-trial electronic monitoring and other items recommended by his attorney, Richard Wagner. , 2025
- Client involved in road rage incident - arrested and charged with felony vandalism. I was able to get the court to grant a motion to reduce the felony vandalism to a misdemeanor. Court did not put the client on probation. Case was over with guilty plea to misdemeanor. , 2026
- Client arrested for 2nd DUI within 10 plus refusing the chemical test. I was able to convince the DMV to set aside (dismiss) the 2-year license revocation at the DMV Admin Per Se Hearing. This was a major win for my client because if he had lost, he would not have been eligible for any type of restricted license during the 2-year revocation period. , 2025
- The Orange County DA charged the client with violating Vehicle Code Section 23152(a), driving under the influence of alcohol, and Vehicle Code Section 23152(b), driving with a blood alcohol concentration of 0.08% or more and having a BAC of 0.15% or more. His blood test results were .18%, and he was involved in a traffic accident. The judge granted his motion for pretrial military diversion in April 2025. If the client is successful with his diversion program, his case will be dismissed, and the arrest upon which the case was based shall be deemed to have never occurred. , 2025
- Orange County DA charged my client with driving under the influence of a drug (DUID) - THC. The jury trial ended in the judge declaring a mistrial after jurors reported they could not reach an unanimous verdict on the single count, Vehicle Code Section 23152(f), driving under the influence of a drug. The judge denied the defense motion to dismiss (7 jurors voted not guilty and 5 voted guilty) and set the case for further pretrial proceedings. In February of 2025, to avoid another trial, the client agreed to plead guilty to what is commonly referred to as a "wet reckless" in exchange for a dismissal of the DUI Drug charge. , 2025
- Orange County DA charged client with 3rd DUI. DA wanted the client to serve 365 days in Orange County Jail. Client pleaded guilty to 3rd DUI and was accepted into Drug Court. Upon successfully completing Drug Court, the client will not serve any time in county jail but may serve 120 days on electronic confinement to satisfy the mandatory minimum. , 2025
- The Orange County DA charged my client with VC 20001(a), Felony Hit and Run causing injury, and VC 23152(a), driving under the influence of alcohol, and VC 23152(b), driving while having a blood-alcohol concentration of 0.08% or more. The beginning negotiations started at 180 days in Orange County Jail. However, after months of work and multiple court appearances, we settled the case for 10 days of Caltrans work, and after 1 year the felony will be reduced to a misdemeanor. , 2025
- Represented an indigent client by court appointment through the Independent Defense Counsel Office for his 2nd DUI. He was arrested for DUI while driving on a suspended license, and the police found a white powdery substance in his car. The judge denied his motion to suppress the white powdery substance, which was alleged to be cocaine. On the day set for trial, my client and I answered ready for jury trial. The prosecutor dismissed the case. , 2025
- Client arrested by a Riverside County Sheriff's Deputy for DUI in Riverside County. Breath tests: .13% and .11%. Deputy confiscated the client's driver's license. I represented the client at her DMV Admin Per Se Hearing held on 8-23-21 and prevailed. Her court case was in the Riverside County, Hall of Justice. I filed a PC 1001.95 motion for judicial diversion. On 12-3-21, the court granted the motion for diversion. Client was placed on diversion for 24 months. During that period, several California courts of appeal ruled that PC 1001.95 diversion was not available for misdemeanor DUI defendants. However, my client successfully completed her diversion period and got her DUI dismissed and arrest record sealed in January 2024. , 2024
- Orange Police Department arrested client after being involved in a traffic accident. Client had a .19 BAC. The officer observed four objective symptoms of intoxication. The client was charged with two counts of misdemeanor DUI along with a high BAC enhancement. The court granted my motion for military diversion under PC 1001.80. Once the client completes the diversion period, not more than 24 months, his case will be dismissed, and the arrest upon which the case was based will be deemed to have never occurred. , 2024
- In an Administrative Per Se Hearing, the Department of Motor Vehicles intended to suspend the driving privileges of my client for one year based on her alleged to refusal to submit to the officer's request to take a chemical test. An officer with the Orange PD reported that he found my client's vehicle was involved in a multi-vehicle accident. The officer testified that the client displayed the objective symptoms of intoxication. The officer reported that he asked my client to take a chemical test and she shook her head. The DMV found that there was insufficent evidence that the Orange PD properly advised my client that a refusal would result in a suspension or revocation of her driving privilege. On 4-2-24 the DMV issued its Formal Set Aside order, setting aside (dismissing) the 1-year license suspension. , 2024
- In an Administrative Per Se Hearing, the Department of Motor Vehicles intended to suspend the driving privileges of my client for one year based on his third DUI arrest within 10 years. An officer with the Anaheim PD reported that he found my client passed out behind the wheel of his car in the middle of the street. The officer testified that the client smelled like alcohol, had an unsteady gait, and slurred speech. The officer conducted one Field Sobriety Test the HGN, which the client did not perform successfully. The officer did not do anymore FSTs because of the client's intoxication level. He was arrested for a DUI and took a blood test. The result of the blood analysis was .34%. On 2-13-24 the DMV issued its Notification of Findings and Decision, setting aside (dismissing) the suspension. , 2024
- Client arrested by Costa Mesa PD for DUI. Preliminary Alcohol Screening Test results: .12%/.12%, and blood test .12%. On 2-1-22 I filed a PC 1001.80 motion for military diversion. This motion was granted by the court on 2-24-22. The client successfully completed his diversion, his DUI case was dismissed on 11-30-23 and his arrest record was sealed. , 2023
- Client got into an accident. Cops arrived. They said my client's eyes were red and watery and speech was slurred. When cops approached the client's car, they said they smelled the distinct odor of marijuana. Cops said the client was stumbling and swaying as he tried to walk. They took his pulse and had him do sobriety tests, which cops said he failed. Arrested and later charged with DUI drugs. VC 23152(f). Blood results came back with THC. Orange County Jury could not unanimously agree on verdict. Hung jury. Judge dismissed DUI. , 2020
- Los Angeles County Superior Court, West Covina, Dept. 10, Judge Robert Serna, Opposing Counsel: Matthew Bunnet LA District Attorney. Client pulled over by CHP for driving at a high rate of speed. Cops said they had to swerve out of the way to avoid collision with client's car. Client also was observed lane straddling, braked erratically, and was slow to react to stopping vehicles and patrol lights. Cops smelled a strong odor of alcohol, saw bloodshot and watery eyes, and her speech was heavy and slurred. She failed the HGN, Walk and Turn, and One Leg Stand, and was arrested. The results of the breath tests were .19% and .19% The jury voted unanimously to acquit. Found Not Guilty at Jury Trial., 2019
- Client spotted by CHP going 85 mph in 60 mile zone. Cops smelled strong odor of alcohol coming from the client's breath. He failed all 5 field sobriety tests and blew .09 percent into the preliminary alcohol screening test twice. Then went to the CHP in Temecula and blew into the breathalyzer and it read .08 twice. Riverside County Jury could not reach a verdict on either count VC 23152(a) or VC 23152(b). Hung jury. , 2019
Special Licenses / Certifications
- State Bar of California's Mandatory Fee Arbitrator Training , 2024
Pro bono / Community Service
- I volunteered through the OCBA Community Outreach Committee at: February 22, 2025 - Spring Food Packaging Volunteer Event Orange County Food Bank March 15, 2025 - Laura’s House Donation Center Volunteer Event , 2025
- CRF-OC's Mock Trial Competition – Scorer – Round 4 ‐ Thursday, November 20, 2025, at Central Justice Center in Santa Ana. , 2023
- CRF-OC’s Middle School Moot Court program - Scorer - 4-29-25 - at the United States District Court in Santa Ana., 2025
- I volunteered through the Orange County Bar Association's Community Outreach Committee: July 20, 2024: Visit The Children at Orangewood Children and Family Center December 9, 2024: Holiday Cookie Decorating Volunteer Event at Orangewood December 14, 2024: OC Animal Care - Drive-Thru Pet Pantry Volunteer Event , 2024
- I volunteered through the National Association of Criminal Defense Attorney’s Cannabis Justice Initiative. Pursuing relief for a client convicted of federal cannabis crimes by filing a pro bono clemency petition. , 2024
Educational Background
- Chapman University School of Law - Law Review, 1998
- UC Santa Barbara, 1989
Office location for Richard Wagner
7700 Irvine Center Dr
Suite 800
Irvine, CA 92618
Selections
2 Years Super Lawyers
- Super Lawyers: 2025 - 2026