Notice: The court requires that this form be printed on canary-colored paper. Defendant Case Number SUPERIOR COURT OF SAN DIEGO COUNTY DUI ADDENDUM INSTRUCTIONS: Use this addendum if you are pleading guilty/no contest to VC § 23153a/b, VC § 23152a/b, VC § 23103.5 I understand the possible punishment and consequences of my conviction of the offense to be: NOTE: ALL FINES SHOWN BELOW WILL BE SIGNIFICANTLY INCREASED BY MANDATORY PENALTY ASSESSMENTS PENALTY FOR 23550.5: SENTENCE FOR DUI CONVICTION WITHIN 10 YEARS OF PRIOR (SECTION 23550.5) PRIOR OFFENSE SENTENCE A prior violation of VC § 23152 that was punished as a Up to 3 years State Prison or not more than one year county jail and $390 to $1,000 fine. The DMV will issue a 4-year license revocation. However, if my offense is a violation of felony under VC § 23550 or § 23550.5, or both; or A prior violation of VC § 23153 that was punished as a VC § 23153 and I have two other DUI-related convictions within 10 years, my license will be revoked for 5 years. If I have violated VC § 23152, I will be designated as a habitual felony; or A prior violation of PC § 192(c)(1) that was punished as traffic offender for 3 years. I must successfully complete an alcohol/drug program in order to have my driver’s license a felony. Any prior violation of PC § 191.5 or a felony violation of reinstated by the DMV, even though I am not ordered to attend such a program by the court. PC § 192(c)(3) (10 year limit not applicable). To keep other people from seeing what you entered on your form, please press the Clear This Form button at the end of the form when finished. PENALTY FOR 23153: SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (INJURY) (SECTION 23153) MINIMUM AND MAXIMUM SENTENCES WITHOUT MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION OFFENSE PROBATION IS GRANTED (3 TO 5 YEARS PROBATION TERM) 5 days to 1 year in county jail, a $390 to $1,000 fine, and 16 months or 2 or 3 years in state prison (or 90 days to 1 First offense within 10 completion of a 3-month alcohol/drug program (or a 9- year in county jail), and a $390 to $1,000 fine. The DMV years month program if my blood-alcohol content was .20 will also impose a 1-year driver's license suspension. percent or more, or if I refused a chemical test at arrest). The DMV will also impose a 1-year driver’s license suspension. Two options: Second offense within 10 (A) 120 days to 1 year in county jail; $390 to $5,000 120 days to 1 year in county jail, or 16 months, or 2 or 3 fine; and DMV will impose a 3-year license years in state prison; $390 to $5,000 fine. The DMV will years also impose a 3-year driver’s license revocation. revocation; or (prior conviction of section(s) 23152, 23153, or (B) 30 days to 1-year in county jail; $390 to $1,000 fine; an 18-month or 30-month alcohol/drug program; 23103.5) and DMV will impose a 3-year license revocation. 30 days to at least 1 year in county jail; $390 to $5,000 2, 3, or 4 years in state prison; $1,015 to $5,000 fine; and Third or subsequent offense within 10 years fine; an 18-month or 30-month alcohol/drug program; the DMV will impose a 5-year license revocation. An restitution or reparation to the victim as required by law. additional 3 years in state prison if I already have four DUI (prior convictions of section(s) 23152, 23153, or The DMV will also impose a 5-year driver’s license convictions and the offense caused great bodily injury to another person. revocation. 23103.5) NOTE: If I am convicted of violating VC § 23153 and the offense also caused bodily injury or death to more than 1 victim, upon a felony conviction, my sentence will be enhanced by 1 year in state prison for each additional victim. PENALTY FOR 23152: SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (SECTION 23152) MINIMUM AND MAXIMUM SENTENCES WHEN MINIMUM AND MAXIMUM SENTENCES WITHOUT OFFENSE PROBATION IS GRANTED PROBATION (3 TO 5 YEARS PROBATION TERM) The Court may order me to serve between 48 hours to 6 96 hours to 6 months in jail, and a $390 to $1,000 fine. months in jail. It will impose a fine of $390 to $1,000 and The DMV will impose a 6-month driver’s license First offense within 10 order me to complete a 3-month alcohol/drug treatment suspension. years program (or a 9-month program if my blood-alcohol content was .20 percent or more, or if I refused a chemical test upon my arrest). The DMV will impose a 6month driver's license suspension. Second offense within 10 A jail term of either: (a) 10 days to 1 year, or (b) 96 hours 90 days to 1 year in jail, and a $390 to $1,000 fine. The to 1 year, a $390 to $1,000 fine, and completion of an 18- DMV will impose a 2-year license suspension. years month (or 30-month) alcohol/drug treatment program. The (prior conviction of section(s) 23152, 23153, or DMV will impose a 2-year driver's license suspension. 23103.5) SDSC CRM-133(Rev. 3-06) DUI ADDENDUM Page 1 of 4 American LegalNet, Inc. www.FormsWorkFlow.com DEFENDANT’S NAME: Third offense within 10 years (prior convictions of section(s) 23152, 23153, or 23103.5) Fourth or subsequent offense within 10 years (prior convictions of section(s) 23152, 23153, or 23103.5) CASE NUMBER: 120 days to 1 year in jail, a $390 to $1,000 fine, and 120 days to 1 year in jail, and a $390 to $1,000 fine. The completion of an 18-month alcohol/drug program if I have DMV will impose a 3-year driver's license revocation. not completed one before. The DMV will impose a 3-year driver's license revocation. 180 days to 1 year in jail, a $390 to $1,000 fine, and 16 months, or 2 or 3 years in state prison, (or 180 days to completion of an 18-month alcohol/drug program if I have 1 year in county jail); and a $390 to $1,000 fine. The DMV not completed one before. The DMV will impose a 4-year will impose a 4-year driver’s license revocation. driver's license revocation. PENALTY FOR 23103.5: OFFENSE Reckless driving reduced from driving under the influence SENTENCE FOR RECKLESS DRIVING (ALCOHOL AND/OR DRUGS) (SECTION 23103, 23103.5) MINIMUM AND MAXIMUM SENTENCES OTHER If probation is not granted, 5 days to 90 days in jail, or $145 to $1,000 fine, or both. Because alcohol or drugs are involved, this conviction will If probation is granted (maximum of 3 years), 90 days in act as a separate conviction for driving under the jail, or $1,000 fine, or both, and a drug/alcohol program. influence (DUI) if I commit a subsequent DUI offense within 10 years. I understand: 1. Being under the influence of alcohol or drugs, or both, impairs my ability to safely operate a motor vehicle, and 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 (VC § 23593). 2. I may be fined up to $50 for an alcohol and abuse education and prevention penalty assessment upon a conviction of VC § 23152 or VC § 23153. 3. 4. 1 2 I will be required to report to the Substance Abuse Assessment Unit for evaluation, pay all required fees, and complete any programs assigned by the assessors (VC § 23646). 3 I may be required to pay expenses incurred by a public agency which responded to any incident caused by my vehicle at the time of arrest (GC § 53150). 4 5. This violation will count as 2 points on my driving record (VC § 12810(b)). 6. The Department of Motor Vehicles (DMV) may consider any of my other convictions for driving under the influence or reckless driving, even those that are not charged in this proceeding, and impose a more severe license restriction, suspension, or revocation as a result of such other conviction(s). 6 (If applicable) If my blood-alcohol level was .20 percent or above or I refused to take a chemical test, the Court shall consider this in determining whether to enhance the penalties, grant probation, or impose additional terms of probation. (VC § 23578) 7 5 7. 8. If I am the registered owner of the vehicle used in the offense: A. Upon my first conviction, the Court may impound my vehicle at my expense for up to 30 days; B. C. D. 9. 8A Upon my second conviction, the Court shall impound my vehicle at my expense for up to 30 days, unless it is determined that it is in the interest of justice not to do so; Upon my third conviction, the Court shall impound my vehicle at my expense for up to 90 days, unless it is determined that it is in the interest of justice not to do so; The Court may declare my vehicle to be a nuisance and order it sold following a hearing if I have two or more other convictions for driving under the influence, vehicular manslaughter (PC § 191.5 or 192(c)(3)), or any combination thereof, in the past seven years. My vehicle will also be subject to forfeiture as a nuisance if I am convicted of a second or subsequent violation of driving with a suspended or revoked license (VC § 14601 et seq.) or driving without a license (VC § 12500(a)). 8B 8C 8D The DMV may restrict, suspend, or revoke my license under a procedure which is separate from this criminal action. The DMV’s action, if any, will be in addition to the Court’s sentence and I must obey it. 9 SDSC CRM-133(Rev. 3-06) DUI ADDENDUM Page 2 of 4 American LegalNet, Inc. www.FormsWorkFlow.com DEFENDANT’S NAME: 10. CASE NUMBER: The DMV will suspend my license for an additional six months if my offense involved a controlled substance (drug). 10 11. 12. 13. 14. 15. 16. The DMV will not issue a restricted driver’s license or restore my driving privilege following a restriction, suspension, or revocation unless I have proof of insurance for 3 years. The DMV will suspend my driver’s license: (1) until proof of insurance is provided to the DMV and (2) upon my failure to maintain such proof during the 3-year period. 11 I understand if the Court determines that I would present a traffic safety or public safety risk if I am authorized to drive during the license suspension period, I will be unable to obtain a restricted driver's license from the DMV, which would allow me to drive to and from work, and to and from the alcohol/drug treatment program. 12 The DMV will prevent me from operating a commercial vehicle for one year upon a first DUI conviction in any vehicle, or if I willfully refuse to submit to or complete a chemical test to determine blood-alcohol content. A second or subsequent DUI conviction in any vehicle or subsequent refusal will result in the DMV issuing a lifetime ban on my right to drive a commercial vehicle. 13 If I was under the age of 21 at the time of my arrest, my driver’s license will be suspended for 1 year, and I must surrender my license to the Court. If I do not have a valid driver’s license, the Court will order the DMV to delay issuing a license to me for 1 year after I become eligible to drive (VC § 13202.5). 14 I must successfully complete an alcohol/drug program in order to have my driving privilege reinstated following any license restriction, suspension, or revocation which is imposed on me, even if I am not ordered to attend such a program by the Court. 15 If I am convicted of a first offense of 23152 or 23153, the Court may order: A. Prohibition from operating any vehicle that I own or operate unless it is equipped with a certified ignition interlock device for one 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; 16A B. That I prove I installed the device within 30 days of my conviction or my release from jail or prison, or the DMV shall revoke my license for an additional year. Also, the Court shall suspend my license and issue an arrest warrant if I fail to comply with any notice to (1) install the device, (2) report on the operation of the device, or (3) maintain or calibrate the device on three or more occasions. 16B 17. (If applicable) If I am convicted of a third or subsequent violation of 23152 or 23153: A. I must surrender my license to the Court. I will also be designated as a habitual traffic offender for three years after my conviction, and I will receive an enhanced sentence if I drive in violation of my license revocation; B. For 23152 only: If probation is granted, I may request to participate in a 30-month treatment program. This program includes between 120 and 300 hours of community service. If the Court grants my request, I will be sentenced to the county jail for at least 30 days but not more than one year as a condition of probation instead of the jail term specified in the chart above. 18. (If applicable) Willful Refusal (VC § 23577): NOTE: Test refusals require a minimum 6-month drug/alcohol program (HS § 11837(c)(2)). st 1 Offense 23152 If probation granted, a jail term is mandatory. nd 2 Offense 23152 Additional 96 hours jail with or without probation. rd 3 Offense 23152 Additional 10 days jail with or without probation. th 4 or subsequent Offense 23152 Additional 18 days jail with or without probation. st 1 Offense 23153 Additional 48 continuous hours jail with or without probation. nd 2 Offense 23153 Additional 96 hours jail with or without probation. 19. (If applicable) Passenger Under 14 Years (VC § 23572) st 1 Offense 23152 nd 2 Offense 23152 rd 3 Offense 23152 th 4 Offense 23152 20. (If applicable) Excessive Speed (VC § 23582) st 1 Offense 23152 or 23153 nd 2 Offense or subsequent 23152 or 23153 SDSC CRM-133(Rev. 3-06) 17A 17B 18 Additional 48 continuous hours jail. Additional 10 days jail. Additional 30 days jail. Additional 90 days jail. 19 Alcohol/drug program with or without probation and 60 additional consecutive days jail. Additional consecutive 60 days jail. 20 DUI ADDENDUM Page 3 of 4 American LegalNet, Inc. www.FormsWorkFlow.com DEFENDANT’S NAME: CASE NUMBER: SENTENCES FOR DRIVING IN VIOLATION OF A LICENSE SUSPENSION, REVOCATION, OR RESTRICTION Vehicle Code Section First Offense Second or Subsequent Offense: I have prior conviction(s) in past 5 years of sections 14601, 14601.1, 14601.2, or 14601.5. 14601 5 days to 6 months in jail, and a fine of $300 to $1,000. 10 days to 1 year in jail, and a fine of $500 to $2,000. 10 days in jail required if probation is imposed. 14601.1 Up to 6 months in jail, or a fine of $300 to $1,000, or both. 5 days to 1 year in jail, and a fine of $500 to $2,000. 14601.2 10 days to 6 months in jail, and a fine of $300 to $1,000. 10 days in jail required if probation is imposed. 30 days to 1 year in jail, and a fine of $500 to $2,000. 30 days in jail required if probation is imposed. If I have been designated as an habitual traffic offender within 3 years of this conviction, I will, in addition, be sentenced to serve 180 days in jail and to pay a $2,000 fine. 14601.5 Up to 6 months in jail, or a fine of $300 to $1,000, or both. Vehicle Code Section 14601.3 21. First Offense 30 days in jail, and a fine of $1,000. 10 days to 1 year in jail, and a fine of $500 to $2,000. Note-section 14601.3 also constitutes a prior conviction for this offense. Second or Subsequent Offense: Prior conviction(s) in past 7 years of section 14601.3. 180 days in jail, and a fine of $2,000. ADDITIONAL PENALTIES FOR A VIOLATION OF SECTIONS 14601, 14601.1, 14601.2 or 14601.5 If applicable - I understand that if I am convicted of a violation of VC § 14601.2, or if the original charge was for a violation of that section but I am pleading to section 14601, 14601.1 or 14601.5, the Court will require me to install an ignition interlock device (IID) on any vehicle that I own or operate. This order will be imposed 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 driver's license. Failure to install the IID shall result in the suspension of my driver's license by the DMV. I have read, reviewed and understand the above-initialed information. 21 My blood alcohol reading was ___________. Dated: Defendant’s Signature SDSC CRM-133(Rev. 3-06) Print This Form DUI ADDENDUM For your protection and privacy, please press the Clear This Form button after you have printed the form Page 4 of 4 American LegalNet, Inc. www.FormsWorkFlow.com Clear This Form