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Richard Wagner
Criminal Defense · DUI / DWI Defense
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Richard Wagner Taught Police How to Prepare DUI Cases—Then Built a Career Challenging Them
A breath-test reading of 0.19 percent can make a driving-under-the-influence prosecution feel inevitable. In one of Richard Wagner’s cases, officers also described speeding, a near collision, signs of intoxication, and failed field-sobriety tests. Yet the jury acquitted his client of every charge, and the California Department of Motor Vehicles set aside the license suspension. It was not a victory built on ignoring difficult evidence. It came from understanding how that evidence should have been gathered, tested, and presented—and persuading jurors that the government had not proved its case.
That understanding began on the other side of the courtroom. Wagner spent two years as a Los Angeles Deputy City Attorney, prosecuting thousands of criminal matters involving impaired driving, domestic violence, assault, firearms, and other offenses. He did more than take cases to court. He instructed members of the Los Angeles Police Department’s Impaired Driver Apprehension Program on case preparation and courtroom testimony. When he entered private defense in 2002, he brought direct knowledge of how police and prosecutors assemble a case—and where their conclusions may fail under careful examination.
Wagner later completed the same standardized field-sobriety-testing course developed for law enforcement by the National Highway Traffic Safety Administration and the International Association of Chiefs of Police. That training matters because a roadside test can look decisive in a police report while leaving unanswered questions about the officer’s instructions, the testing conditions, or whether the person’s performance truly demonstrated impairment.
Since 2009, Wagner has led The Law Office of Richard Wagner, A Professional Corporation. The practice is built around direct responsibility: the firm states that he personally handles every case from the initial consultation through its resolution. For someone facing criminal charges and the possible loss of a driver’s license, that means the attorney identifying weaknesses in the evidence is also the attorney responsible for acting on them.
His reported outcomes show what close scrutiny can change. When a client was accused of impaired driving and hit-and-run after breath tests between 0.16 and 0.17 percent, prosecutors declined to file charges, the license suspension was overturned, and the arrest records were sealed. In another matter involving an injury, breath tests of 0.18 percent, and blood tests of 0.17 percent, he won the administrative license hearing, secured reductions from felonies to misdemeanors, and obtained a resolution with no jail. He also persuaded the state to set aside a two-year license revocation for a client accused of a second offense and refusing chemical testing.
Wagner’s work extends beyond impaired-driving cases. His record includes complete dismissal of felony commercial-burglary and marijuana charges that exposed a client to state prison, as well as dismissal of serious felony sex charges carrying the threat of prison and lifetime registration. These outcomes reflect a defense practice that does not treat an accusation, laboratory number, or police conclusion as the final word.
Professional recognition has followed. Wagner was selected to Southern California Super Lawyers in 2025 and 2026 and was included among the National Trial Lawyers Top 100 in 2024. His Irvine practice also maintains a 5.0-star Google rating based on 62 reviews.
There is a meaningful difference between studying how criminal cases are constructed and having once prosecuted them, taught police officers how to prepare them, and spent more than two decades challenging them. For a person facing a DUI or criminal accusation, Wagner offers that uncommon perspective together with direct responsibility for the defense.
That combination of experience, reputation, verified professional standing, and public credibility is why Richard Wagner was included on FreddieFender.com.
Credentials
- Juris Doctor, Chapman University School of Law, 1998; member of the Chapman Law Review, recipient of a Dean’s Merit Scholarship, and recipient of the Dean’s Award for Academic Excellence
- Bachelor of Arts, University of California, Santa Barbara, 1989
- Admitted to practice before California state courts
- Admitted to practice before the United States District Court for the Central District of California
- Admitted to practice before the United States District Court for the Southern District of California
- Admitted to practice before the United States Court of Appeals for the Ninth Circuit
- Completed the Detection and Standardized Field Sobriety Testing course developed by the National Highway Traffic Safety Administration and the International Association of Chiefs of Police
- Member of the National College for DUI Defense
- Member of the California DUI Lawyers Association
- Member of the National Association of Criminal Defense Lawyers
- Member of California Attorneys for Criminal Justice
- Member of the Orange County Bar Association
Career Highlights / Proven Experience
Career Highlights
- Firm Founder and Lead Attorney: Opened his own DUI defense practice after working as a Los Angeles prosecutor and has led The Law Office of Richard Wagner, A Professional Corporation, since 2009. The firm states that Wagner personally handles each case from the initial consultation through its resolution.
- Former Los Angeles Prosecutor: Served for two years as a Los Angeles Deputy City Attorney, prosecuting thousands of criminal matters involving driving under the influence, domestic violence, assault and battery, firearms, prostitution, and vandalism.
- Long-Standing DUI Defense Focus: Has practiced private DUI defense since 2002 and has handled thousands of DUI and criminal cases, giving him experience on both the prosecution and defense sides of the courtroom.
- DUI Investigation Training: Completed the standardized field-sobriety-testing course used to train law-enforcement officers, providing practical knowledge of how roadside tests should be administered and where testing errors may occur.
- Legal and Law-Enforcement Educator: Instructed members of the Los Angeles Police Department’s Impaired Driver Apprehension Program on case preparation and courtroom testimony. He also lectured for the Los Angeles County Bar Association’s Trial Advocacy Project and presented a drunk-driving arrest program at Whittier Law School.
- Sustained Professional Recognition: Selected to Southern California Super Lawyers in 2025 and 2026, included among the National Trial Lawyers Top 100 in 2024, and holds a 10.0 Avvo rating.
- Exceptional Client Feedback: Maintains a 5.0-star Google rating based on 62 reviews, providing prospective clients with a substantial body of publicly available feedback.
Proven Experience
- Unanimous Acquittal Despite 0.19 Percent Breath Tests: Defended a client after officers reported speeding, a near collision, signs of intoxication, and failed field-sobriety tests. Although two breath tests registered 0.19 percent, the jury acquitted the client of every charge, and the California Department of Motor Vehicles set aside the license suspension.
- Criminal Filing Prevented and License Suspension Overturned: Represented a client accused of driving under the influence and hit-and-run after preliminary and evidential breath tests registered between 0.16 and 0.17 percent. Prosecutors declined to file the criminal case, the Department of Motor Vehicles overturned the license suspension, and the arrest records were sealed.
- Felony Injury Charges Reduced With No Jail: Defended a client charged with felony driving under the influence causing injury after breath tests registered 0.18 percent and blood tests registered 0.17 percent. Wagner won the administrative license hearing, secured reductions of the felony charges to misdemeanors, and obtained a resolution involving no jail and informal probation.
- Two-Year License Revocation Set Aside: Represented a client facing a second driving-under-the-influence prosecution and an alleged refusal to submit to chemical testing. Wagner persuaded the Department of Motor Vehicles to set aside the resulting two-year license revocation, preserving the client’s opportunity to continue driving legally.
- Felony Drug and Burglary Charges Dismissed: Obtained complete dismissal of charges alleging second-degree commercial burglary, transportation of marijuana for sale, and possession of marijuana for sale. The result eliminated the client’s exposure to state prison and the drug-registration consequence associated with the case at that time.
- Serious Felony Sex Charges Dismissed: Persuaded Los Angeles prosecutors to dismiss serious felony sex charges, protecting the client from the threatened prison sentence and lifetime sex-offender-registration requirement.
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