INITIALS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. SUPERIOR COURT OF CALIFORNIA Reserved for Clerk222s File Stamp COUNTY: COUNTY OF GLENN PLAINTIFF: PEOPL E O F TH E STAT E O F CALIFORNIA DEFENDANT: DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (Firs t Offens e On l y - Vehicl e C o d e 247 23152) CASE NUMBER: DEPARTMENT: INSTRUCTIONS Fill out this form if you wish to plead guilty or no contest to the charges against you. Initial the box for each applicable item only if you understand it, and sign and date the form on page 4. If you have any questions about your case, the possible sentence, or the information on this form, ask your attorney or the judge. RIGHT TO AN ATTORNEY 1. I understand that I have the right to be represented by an attorney throughout the proceedings. I understand that the Court will appoint a free attorney for me if I cannot afford to hire one, but at the end of the case, I may be asked to pay all or part of the cost of that attorney, if I can afford to. I understand that there are dangers and disadvantages to giving up my right to an attorney, and that it is almost always unwise to represent myself............................................................................. 2. I give up my right to an attorney, and I choose to represent myself. (Does not apply if you have an attorney.) ........................................................................................... NATURE OF THE CHARGES (Initial all items you are charged with.) I understand that I am charged with a violation of Vehicle Code section(s): 3. 23152(a) - Driving under the influence of alcohol or drugs, or both .................................................... 4. 23152(b) - Driving when my blood-alcohol level was .08 percent or more.......................................... 5. 23152(d) - Driving a commercial vehicle when my blood-alcohol level was .04 percent or more ....... 6. 23103, 23103.5 - Reckless driving involving alcohol or drugs, or both ................................................ 7. If applicable - I understand that I am also charged with the following other offense(s): TYPE OF OFFENSE(S) AND SECTION NUMBER(S) 8. I understand the charge(s) against me, and the possible pleas and defenses ................................... CONSTITUTIONAL RIGHTS/WAIVER OF RIGHTS 9. RIGHT TO A JURY TRIAL - I understand that I have the right to a speedy, public jury trial. At the trial, I would be presumed innocent, and I could not be convicted unless 12 impartial jurors were convinced of my guilt beyond a reasonable doubt .............................................................................. 10. I give up my right to a jury trial ............................................................................................................ 11. RIGHT TO CONFRONT WITNESSES - I understand that I have the right to confront and cross- examine all witnesses testifying against me ....................................................................................... 12. I give up my right to confront and cross-examine witnesses............................................................... GCSC CR-001 (Rev. 6-2015) Continued on reverse Page 1 of 4 American LegalNet, Inc. www.FormsWorkFlow.com INITIALS 13. 14. 15. 16. SENTENCES FOR DR I VING UNDER THE INF L UEN C E OF ALCOHOL AND / OR DRUGS (Se c tion 23152) Offense Minimum and Maximum Sentences when Probation is Granted Minimum and Maximum ( 3 t o 5 Year s Pr ob ati on T erm ) Sentences w i t hout Probation The Court may order a jail term of 48 hours to 6 months. It will impose a fine of $390 96 hours to 6 months in jail, and First to $1,000 and order me to complete a 3-month or longer alcohol/drug treatment program. a $390 to $1,000 fine. The offense If my blood-alcohol content was .20% or more, or if I refused a chemical test upon my DMV will also impose a 6-month within arrest, I must complete a 9-month or longer treatment program. The DMV will also driver222s license suspension. 10 years impose a 6-month driver's license suspension, or a 10-month license suspension if the 9- mont h progra m i s required. Second offense within A jail term of either: (a) 10 days to 1 year, or (b) 96-hours to 1 year; a $390 to $1,000 fine, 90 days to 1 year in jail, and a and completion of an 18-month alcohol/drug treatment program. The DMV will also impose $390 to $1,000 fine. The DMV a 2-year driver's license suspension. will also impose a 2-year driver's license suspension. INITIALS 17. 18. 19. 20. 21. 22. CONSTITUTIONAL RIGHTS/WAIVER OF RIGHTS (Continued) 13. RIGHT AGAINST SELF-INCRIMINATION - I understand that I have the right to remain silent and not incriminate myself, and the right to testify on my own behalf. I understand that by pleading guilty or no contest, I am incriminating myself .............................................................................................. 14. I give up my right to remain silent and to not incriminate myself......................................................... 15. RIGHT TO PRODUCE EVIDENCE - I understand that I have the right to present evidence and to have the Court issue subpoenas to bring into court all witnesses and evidence favorable to me, at no cost to me....................................................................................................................................... 16. I give up my right to produce evidence and witnesses on my own behalf........................................... 10 years SENTENCES FOR RECKLESS DR I VING (Sect i ons 23103, 23103.5) Offe n se Mi ni m um a nd Maxim um Se n t e n ces Ot h e r C on se qu e n ces Reckles s driving I f probatio n i s grant e d : A maxi m u m o f 9 0 d a y s i n j a il, o r $1,00 0 fi n e , or I f alcoh ol o r drug s a r e in v olv e d , this redu c e d from both , plu s attend a nc e a t trea t men t prog r am. convict i o n w i l l ac t a s a separate DUI drivi ng u n de r the convict i o n i f I c ommi t a s u bs e qu e nt DUI infl u enc e ( D UI) I f probatio n i s n o t gr a nted : 5 da y s t o 9 0 da y s i n j ail , o r $ 14 5 t o $ 1,0 00 f ine, offens e w it h i n 1 0 years. o r both. CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST 17. I have read and understood the above charts which list the minimum and maximum penalties for the offense(s) I am charged with. (See item No. 34 for the offenses not listed in the charts.) ........... 18. I understand that in addition to the fine, the Court will add assessments which will significantly increase the amount I must pay. I will also be ordered to make restitution and to pay a restitution fine no less than $150 and up to $1,000, unless the Court finds compelling and extraordinary reasons not to do so................................................................................................................... 19. I understand that if I was under the age of 21 at the time of my arrest, my driver's license will also be suspended for 1 year, and I must surrender by license to the Court............................................... 20. I understand that if my blood-alcohol level was .15 percent or more, or if I refused to submit to a chemical test, the Court will consider this in determining whether to enhance the penalties, grant probation, or impose additional terms of probation ............................................................................. 21. I understand that being under the influence of alcohol or drugs, or both, impairs my ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If I continue to drive while under the influence of alcohol or drugs, or both, and as a result of my driving, someone is killed, I can be charged with murder..... 22. I understand that the Court may order my vehicle impounded at my expense for up to 30 days. The Court may also require me to install and maintain an ignition interlock device for up to three years. Installation of this device, which prevents the vehicle from starting if I have alcohol in my body, does not authorize me to drive without a valid license ..............................