ATTORNEY OR PARTY WITHOUT ATTORNEY ( Name, State Bar number, and address ): TELEPHONE NO: FAX NO. (Optional) E - MAIL ADDRESS ( Option al ): ATTORNEY FOR ( Name ): FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ 701 Ocean Street, Room 120 Santa Cruz, CA 95060 Santa Cruz Branch PEOPLE OF THE STATE OF CALIFORNIA vs. DEFENDANT: DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (Vehicle Code 247 23152) CASE NUMBER: DEPARTMENT: Page 1 of 7 Vehicle Code 247 23152 CASE NUMBER: SUP CR 1104 Form Adopted for OPTIONAL Use Superior Court of Santa Cruz County SUP CR 1104 Rev. 05/3 /18 DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (Vehicle Code 247 23152) 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 6. If you have any questions about your case, the possible sentence of the information on this form, ask your attorney or the judge. RIGHT TO AN ATTORNEY INITIALS 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, a nd that it is almost always unwise to represent myself 1. 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): 2. 2. 23152(a) / (f) / (g) - Driving under the influence of alc ohol or drugs, or both 3. 23152(b) - Driving when my blood - alcohol level was .08 percent or higher. 3. 4. 23152(d) /(e) - Driving a commercial vehicle when my blood - alcohol level was .04 percent or higher. 4. 5. 23103, 23103.5 - Reckless driving involving alcoh ol or drugs, or both. 5 . 6. Check if applicable 14601 or 14601.1 or 14601.2 or 14601.5 6 . 7. Check if applicable 14601.3 (Habitual traffic offender) Accumulating a driving record history 7 . 8. If applicable - I understand that I am also charged with the following other offense(s): (TYPE OF OFFENSE( S) AND SECTION NUMBER(S)) 8 . 9. If applicable - I am also charged with having the following (LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S)) 9 . American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 7 Vehicle Code 247 23152 PEOPLE OF THE STATE OF CALIFORNIA vs. DEFENDANT: CASE NUMBER: Form Adopted for OPTIONAL Use Superior Court of Santa Cruz County SUP CR 1104 Rev. 05/3 /18 DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (Vehicle Code 247 23152) 10. If applicable - I am also charged with having the following other con viction(s): (LIST OFFENSE(S) , CASE NUMBER(S) AND DATE (S)) INITIALS 10 . 11. If applicable - I am also charged with violating the probation order(s) in the following case(s): CASE NUMBER(S) AND DATE (S)) 11 . 12. I understand the charge( s) against me, and the possible pleas and defenses. 12 . CONSTITUTIONAL RIGHTS 13. 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 im partial jurors were convinced of my guilt beyond a reasonable doubt. 13 . 14. RIGHT TO CONFRONT WITNESSES - I understand that I have the right to confront and cross - examine all witnesses testifying against me. 14 . 15. RIGHT AGAINST SELF - INCRIMINATION - I understa nd 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, or admitting other conviction(s) or probation violation(s), I am incriminating myself. 15 . 16. 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 . RIGHTS ON CHARGES OF OTHER CONVICTION(S) AND P ROBATION VIOLATION(S) 17. If applicable - I understand that I have the right to an attorney, the right to a jury trial, the right to confront witnesses, the right against self - incrimination, and the right to produce evidence and witnesses for all charges again st me, including other alleged conviction(s) or probation violation(s). However, 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. 17 . WAIVER OF RIGHTS Understanding all of the above, for all of the charges against me, including any other alleged conviction(s) or probation violation(s): 18 . 18. I give up my right to an attorney, and I choose to represent myself. (Does not apply if you have an attorney.) 19. I give up my right to confront and cross - examine witnesses. 19 . 20. I give up my right to remain silent and to not incriminate myself . 20 . 21. I give up my right to produce evidence and witnesses on my own behalf. 21 . American LegalNet, Inc. www.FormsWorkFlow.com Page 3 of 7 Vehicle Code 247 23152 PEOPLE OF THE STATE OF CALIFORNIA vs. DEFENDANT: CASE NUMBER: Form Adopted for OPTIONAL Use Superior Court of Santa Cruz County SUP CR 1104 Rev. 05/3 /18 DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (Vehicle Code 247 23152) SENTENCES FOR DR IVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (Section 23152) Offense Minimum and Maximum Sentences when Probation is Granted (3 to 5 Years Probation Term) Minimum and Maximum Sentences without Probation First offense within 10 years See Nos. 29 - 3 7 The Court may order a jail term of 48 hours to 6 months in jail. It will impose a fine of $390 to $1,000 and order me to complete a 3 - month alcohol/drug treatment program. If my blood - alcohol content was .20% or more, of if I refused a chemical test upon my arrest, I must complete a 9 - month treatment program. The DMV will also impose a 6 - month driver's license suspension or a 10 - month license suspension if a 9 - month treatment program is required. 96 hours to 6 months in jail, and a $390 to $1,000 fi ne. The DMV will impose a 6 - license suspension. CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST 22. I understand that if I am not a citizen, a plea of guilty or no contest ( nolo contendere ) could result in my deportation, exclusion from admission to this country, or denial of naturalization. INITIALS 22. 23. I understand that a plea of no contest will have the same effect in this case as a plea of guilty, but it cannot be used against me in a civil lawsuit unless the offense is punishable as a felony. 23. 24. I understand that any plea entered in this case may be grounds for revoking probation or parole which has previously b een granted to me in any other case. 24. 25. I understand that the Department of Motor Vehicles (DMV) may consider any of my other convictions for DUI or reckless driving, even those that are not charged in this proceeding , and may impose a more severe licens e suspension or revocation as a result. 25. 26. 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 of $ 100 to $1000 (or $200 to $10,000 if the offense is a felony), unless the Court finds compelling and extraordinary reasons not to do so. 26. 27. I understand that being under the influence of alcohol or drugs, or both, impairs my ability to safely operate a mo tor 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 ca n be charged with murder. 27. 28. I understand that if I am the registered owner of the vehicle used in the offense: A. The Court will impound my vehicle at my expense for up to 90 days, unless it is in the interests of justice not to do so. The Court may a lso declare my vehicle to be a nuisance and order it sold following a hearing if I have 2 or more other