SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF ALAMEDA MISDEMEANOR PLEA ATTACHMENT: DUI PENALTIES PEOPLE v.: CASE NO.: INSTRUCTIONS: Read this form if you are pleading guilty or no contest to charges of driving under the influence. Sign the form only if you fully understand it. If you have any questions about this form, ask your lawyer or the judge. Submit this form with the Misdemeanor Advisement of Rights, Waiver and Plea form. BASIC CONSEQUENCES FOR CONVICTION OF VEHICLE CODE SECTION 23152 (a) and (b) Offense First DUI Offense within 10 years Second DUI Offense within 10 years Sentence With No Probation Jail: 96 hours to 6 months. Fine: $390 to $1,000 plus penalty assessments. DMV suspends license 610 months; surrender license to court. Jail: 90 days to 12 months. Fine: $390 to $1,000 plus penalty assessments. DMV suspends license 24 months; surrender license to court. Sentence With 3 to 5 Years Probation Jail: 48 hours (optional) to 6 months. Fine: $390 to $1,000 plus penalty assessments. Probation revocation fine ($100 to $1,000) suspended. Mandatory completion of alcohol/drug program for minimum 3 or 9 months. DMV suspends license 6-10 months; surrender license to court. Jail: Either 96 hours (in minimum 48-hour blocks) or 10 days to 12 months jail. Fine: $390 to $1,000 plus penalty assessments. Probation revocation fine ($100 to $1,000) suspended. Mandatory completion of alcohol/drug program for minimum 18 to 30 months. DMV suspends license 24 months; surrender license to court. Jail: 120 days to 12 months. Fine: $390 to $1,000 plus penalty assessments. Probation revocation fine ($100 to $1,000) suspended. DMV revokes license 36 months; surrender license to court. Declared a habitual traffic offender for 36 months. Mandatory completion of alcohol/drug program for minimum 18 to 30 months (if not already completed). Jail: 6-12 months. Fine: $390 to $1,000 plus penalty assessments. Probation Revocation fine ($100 to $1,000) suspended. DMV revokes license 48 months; surrender license to Court. Optional alcohol/drug program for minimum 18 or 30 months with jail term of 30 days to 12 months. Declared a habitual traffic offender for 36 months. Sentence With 3 to 5 Years Probation Jail: 5 days to 12 months. Fine: $390 to $1,000 plus penalty assessments. Probation revocation fine ($100 to $1,000) suspended. Mandatory completion of minimum 39 month alcohol/drug program. DMV suspends license 12 months; surrender license to Court. Option A: Same jail term and fine as no probation, plus Probation revocation fine ($100 to $1,000) suspended. Option B: Jail: 30 days to 12 months. Fine: $390 to $1,000 plus penalty assessments. Probation revocation fine ($100 to $1,000) suspended. Mandatory completion of alcohol/drug program for minimum 18 to 30 months. DMV revokes license 36 months; surrender license to court. Third DUI Offense within 10 years Jail: 120 days to 12 months. Fine: $390 to $1,000 plus penalty assessments. DMV revokes license 36 months; surrender license to court. Declared a habitual traffic offender for 36 months. Prison (16, 24 or 36 months) or jail (6-12 months). Fine: $390 to $1,000 plus penalty assessments. DMV revokes license 48 months; surrender license to Court. Declared a habitual traffic offender for 36 months. Sentence With No Probation Jail: 90 days to 12 months. Fine: $390 to $1,000 plus assessments. DMV suspends license 12 surrender license to court. Prison (16, 24 or 36 months) or days to 12 months). Fine: $390 to $5,000 plus assessments. DMV revokes license 36 surrender license to court. penalty months; jail (120 penalty months; Fourth DUI Offense within 10 years BASIC CONSEQUENCES FOR CONVICTION OF VEHICLE CODE SECTION 23153 (a) and (b) Offense First Offense within 10 years Second DUI Offense within 10 years Form Adopted For Mandatory Use Superior Court of California County of Alameda ALA CR­002B [New January 1, 2011] MISDEMEANOR PLEA ATTACHMENT: DUI PENALTIES Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com MISDEMEANOR PLEA ADDENDUM: DUI PENALTIES 1. Commercial Licenses: I understand that special provisions of the Vehicle Code apply if I held a commercial driver's license when the offense was committed. Impound: I understand that if I am the registered owner of the vehicle used in this offense, the court may impound the vehicle at my own expense for up to 30 days on my first conviction; unless good cause is otherwise shown, I understand that the court must impound the vehicle at my own expense for up to 30 days if this is my second offense within 5 years, and must impound the vehicle for up to 90 days at my own expense if this is my third offense within 5 years. (VC 23592) Vehicle Sale: I understand that the court may declare the vehicle I drove in committing this offense to be a nuisance and order that it be sold if I committed any of the following violations: Penal Code sections 191.5 or 192(c)(3); Vehicle Code section 23152 that occurred within 7 years of two or more separate offenses of Vehicle Code sections 23152 or 23153 or Penal Code sections 191.5 or 192(c)(3); Vehicle Code section 23153 that occurred within 7 years of one or more separate offenses of Vehicle Code sections 23152 or 23153 or Penal Code sections 191.5 or 192(c)(3). (VC 23596) Ignition Interlock: I understand that the DMV will require that I install an ignition interlock device on any vehicle I own or operate for up to 4 years, that such a device will prevent the vehicle from starting if I have alcohol in my body, and that I am responsible for the expense of properly maintaining that device. I also understand that installation of this device does not authorize me to drive without a valid license. (VC 23700) If I Was Under 21: I understand that if I was under 21 at the time of my arrest, the DMV will suspend my license (or delay its issuance) for 1 year, and I must surrender my license to the court. (VC 13202.5) Refusal Or High Blood Alcohol: I understand that if my blood alcohol was .15 percent or above, or if I refused to submit to a chemical test, the court will consider this in determining whether to increase the penalties, grant probation, or impose additional terms of probation. (VC 23577, 23578) Passenger Under 14: I understand that if I had a passenger under 14 years of age at the time I committed the offense the court must add 48 continuous hours in jail to a first conviction for Vehicle Code section 23152. I also understand that the court must add 10 days jail i