CR- 36 SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO Southern Division 400 County Center Redwood City, CA 94063 Northern Division 1050 Mission Road So. San Francisco, CA 94080 Reserved for Clerk's Office Stamp Plaintiff: THE PEOPLE OF THE STATE OF CALIFORNIA Defendant: DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (Vehicle Code §§ 23103, 23152 & 23153) INSTRUCTIONS CASE NUMBER: 1. Fill out this form only if you wish to plead guilty or no contest to the charges against you. 2. Read this form carefully. Check the boxes that are applicable and only if you understand and agree with what you read. 3. Sign and date the form on page 7 where "Defendant's Signature" is indicated (two places). 4. If you have any questions about your case, the possible sentence, or the information on this form, ask your attorney or the judge. DEFENDANT'S RIGHTS RIGHT TO AN ATTORNEY (check one): My attorney is present and I have discussed the charges and possible defenses with my attorney. I hereby give up my right to be personally present at all stages of the proceedings and authorize my attorney to appear on my behalf and enter a plea of guilty or no contest and to admit any alleged prior convictions. I have previously discussed the charges and possible defenses with my attorney. I understand that I have the right to be represented by an attorney throughout the proceedings. I understand that the Court will appoint an attorney for me if I cannot afford to hire one, but at the end of the case, I may be required to pay all or part of the cost of that attorney if it is determined that I can afford to reimburse the cost of representation. 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. I hereby give up my right to be represented by an attorney and I choose to represent myself. CONSTITUTIONAL RIGHTS: I understand the following rights and hereby agree to give up these rights. Right to a Speedy Jury Trial ­ The right to a speedy public jury trial on the charge(s) filed against me and any alleged prior conviction(s) and specifically the right to a trial by jury of twelve persons, all of who must agree to a verdict beyond a reasonable doubt before I may be found guilty. For a charge of violating probation, I do not have the right to a jury trial, but I do have the right to a hearing before a judge. Right to Produce Evidence ­ 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. Right to Confront Witnesses ­ The right to confront and cross-examine all witnesses testifying against me. Right against Self-Incrimination ­ The right against self-incrimination, which means 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, or admitting other convictions(s) or probation violation(s), I am incriminating myself. Local Form CR 36 (VC §§ 23103, 23152, & 23153) Mandatory Form Page 1 of 9 American LegalNet, Inc. www.FormsWorkFlow.com REV Nov. 2015 CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST Note that all alcohol or drug treatment programs in which the defendant is ordered to participate must be approved pursuant to Chapter 9, Part 2, of Division 10.5 of the Health and Safety Code. I understand that the following describes the sentencing consequences of the offense(s) with which I am charged: SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS (VC § 23152) Offense First Offense within 10 years of another conviction for VC §§ 23103 under 23103.5, 23152, or 23153 Minimum and Maximum Sentences when Probation is Granted (3 to 5 Years Probation Term, VC § 23600) Fine of $390 to $1,000 plus penalty assessments AND attendance at a 3-month alcohol/drug program (9-month program if blood-alcohol content was 0.20 percent or more or chemical test was refused) AND 48 hours to 6 months in jail AND a 6-month driver's license suspension (10-month suspension if a 9-month program is ordered). Note that a restricted license may be available under VC § 13352.4. [VC §§ 13352(a)(1), 13352.1(a), 13352.4, 23538] Minimum and Maximum Sentences without Probation Fine of $390 to $1,000 plus penalty assessments AND 96 hours (48 hours of which must served continuously) to 6 months in jail AND a 6-month driver's license suspension. Note that a restricted license may be available under VC § 13352.5 if not a traffic or public safety risk. [VC § 23536] Second Offense within 10 years of another conviction for VC §§ 23103 under 23103.5, 23152, or 23153 Fine of $390 to $1,000 plus penalty assessments AND an 18- or 30-month alcohol/drug program AND a 2-year driver's license suspension restored only after successful completion of alcohol/drug program PLUS EITHER: 10 days to 1 year in jail OR 96 hours to 1 year in jail (the 96 hours served in two increments of 48-continuous hours each). Note that a restricted license may be available under VC § 13352.5. [VC §§ 13352(a)(3), 23542] Fine of $390 to $1,000 plus penalty assessments AND 90 days to 1 year in jail AND a 2-year driver's license suspension. Note that a restricted license may be available under VC § 13352.5 if not a traffic or public safety risk. [VC § 23540] Third Offense within 10 years of other convictions for VC §§ 23103 under 23103.5, 23152, or 23153 Fine of $390 to $1,000 plus penalty assessments AND 120 days to 1 year in jail AND an 18- or 30-month alcohol/drug program (30 days to 1 year in jail if a 30-month program is ordered) AND a 3-year driver's license revocation restored only after successful completion of alcohol/drug program AND designation as a "habitual traffic offender" for 3 years with enhanced sentence for driving while license revoked. [VC §§ 14601.3, 23546, 23548] Fine of $390 to $1,000 plus penalty assessments AND 120 days to 1 year in jail AND a 3-year driver's license revocation AND designation as a "habitual traffic offender" for 3 years with enhanced sentence for driving while license revoked. [VC §§ 14601.3, 23546] Fourth or Subsequent Offense within 10 years of other convictions for VC §§ 23103 under 23103.5, 23152, or 23153 Fine of $390 to $1,000 plus penalty assessments AND 180 days to 1 year in jail AND an 18- or 30 month alcohol/drug program (30 days to 1 year in jail if a 30-month treatment program is ordered) AND a 4-year driver's license revocation restored only after