ATTORNEY OR PARTY WITHOUT ATTORNEY ( Name, State Bar number, and address ): TELEPHONE NO: FAX NO. (Optional) E - MAIL ADDRESS ( Optional ): 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/RESPONDENT : DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (First Offense Only Vehicle Code 247 23152) CASE NUMBER: Page 1 of 4 Vehicle Code 247 23152 SUP CR 1103 Form Adopted for OPTIONAL USE Superior Court of Santa Cruz County SUP CR 1103 Rev. 11 /02/18 DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (First Offense Only Vehicle Code 247 23152) INSTRUCTIONS F il l o u t th i s fo r m i f y ou wi sh to p l e a d g u il ty or n o co n te s t to the ch a r g es a g a i nst y o u . In i t i al the b o x f or e a ch a p p li ca b l e i tem o n l y i f y ou u n d e rsta n d i t, a n d sign and date the fo r m on p a ge 3 . If y ou h a v e a n y q u e st i o n s a b o u t y o u r cas e , the p o ss i b l e s e n te n ce, or the i n f o rm a t i on on th i s fo r m, a s k y o u r a t torney or the j u d g e. 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 t here are dangers and disadvantages to giving up my right to an attorney, and that it is almost always unwise to represent myself. 1. 2. I give up my right to an attorney, a nd I choose to represent myself. 2. 3 . 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)/ (f) /(g) - Driving under the influence of alcohol or drugs, or both. 4. 23152(b) - Driving when my blood - alcohol level was .08 percent or hig her. 4. 5. 23103, 23103.5 - Reckless driving involving alcohol or drugs, or both. 5. 6. I understand the charge(s) against me, and the possible pleas and defenses. 6. CONSTITUTIONAL RIGHTS/WAIVER OF RIGHTS 7. 7. 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 convic ted unless 12 impartial jurors were convinced of my guilt beyond a reasonable doubt. 8. I give up my right to a jury trial. 8. 9. RIGHT TO CONFRONT WITNESSES - I understand that I have the right to confront and cross - examine all witnesses testifying against me. 9. 10. I give up my right to confront and cross - examine witnesses. 10. American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 4 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 1103 Rev. 11 /02/18 DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (First Offense Only Vehicle Code 247 23152) 11. 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. INITIALS 11. 12. I give up my right to remain silent and to not incriminate myself. 12. 13. 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. 13. 14. I give up my right to produce evidence and witnesses on my own behalf. 14. SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (SECTION 23152) Offense Minimum and maximum sentence when probation is granted (3 to 5 Years Probation Term) Minimum and Maximum Sentence without Probation First Offense Within 10 years The Court may order a jail term of 48 hours to 6 months. 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 0.20% or more, or if I refuse a chemical test upon my arrest, I must complete a 9 - month treatment program. The DMV will also impose a 6 - suspension, or a 10 - month license suspension if the 9 - mo nth program is required 96 hours to 6 months in jail, and a $390 to $1,000 fine. The DMV will also impose a 6 - license suspension. SENTENCE FOR RECKLESS DRIVING (SECTION 23103, 23103.5) Offense Minimum and maximum sentence when probation is granted (3 to 5 Years Probation Term) Minimum and Maximum Sentence without Probation Reckless driving reduced from driving under the influence (DUI) If probation is granted: A maximum of 90 days in jail, or $1,000 fine o r both, plus attendance at treatment program. If probation is NOT granted: 5 days to 90 days in jail, or $145 to $1,000 fine, or both If alcohol or drugs are involved, this conviction will act as a separate DUI conviction if I commit a subsequent DUI offense within 10 years. CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST INITIALS 15. I have read and understood the above charts which list the minimum and maximum penalties for the offense(s) I am charged with. 15. 16. 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 $1,000 unless the Court finds compelling and extraordinary reasons not to do so. 16. 17. I understand tha also be suspended for 1 year, and I must surrender my license to the Court. 17. 18. I understand that if my blood - alcohol level was .15 percent or above, or if I refused to subm it to a chemical test, the Court will consider this in determining whether to enhance the penalties, grant probation, or impose additional terms of probation. 18. 19. 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 dri ving, someone is killed, I can be charged with murder. 19. American LegalNet, Inc. www.FormsWorkFlow.com Page 3 of 4 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 1103 Rev. 11 /02/18 DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (First Offense Only Vehicle Code 247 23152) 20. I understand that the Court may order my vehicle impounded at my expense for up to 30 days. It may also require me to install an ignition interlock device (IID) 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. 2 0 . 21. I understand that if the Court determines that I would present a traffic safety or public safet y risk if I am authorized to drive during the license suspension period, I will be unable to obtain a restricted driver's license from DMV, which would allow me to drive to and from work, and to and from the alcohol/drug treatment program. 21. 22. I 22. 23. I understand that DMV will prohibit me from operating a commercial vehicle for one year if I am convicted of a first DUI violation, or willfully refused to submit to or complete a chemical test to determine my blood - alcohol level, which occurred in any vehicle. 23. 24. I understa felony conviction in the past 10 years of Vehicle Code 247 23152 or 23153 or Penal Code 247 192(c)(1), or any conviction within 10 years of Penal Code 247 191.5(a), 191.5(b), o r 192.5(a). 24. 25. I understand that proof of my successful completion of an alcohol/drug program must be received at DMV headquarters in order for me to have my driving privilege reinstated, even if I am not ordered to attend such a program by the Court. I also understand that I must surrender my license to the Court. 25. 26. I understand