Page 1 of 4 Tulare County Superior Court Advisement of Rights, Waiver and Plea Form TCSC - 004 - 2017 - O Optional Form J anuary 20, 2017 SUPERIOR COURT OF CALIFORNIA, COUNTY OF TULARE Chemical Test Result NATURE OF CHARGES (Initial sections you are charged with.) I understand that I am charged with a violation of Vehicle Code Section(s): 23152(a): Driving under the influence of alcohol. 23152(b): Driving with blood-alcohol level of .08% or higher. 23152(c): Driving while addicted to the use of any drug. 23152(d): Driving commercial vehicle with blood alcohol level of 0.04% or higher. 23152(e): Driving motor vehicle with passenger for hire with blood alcohol level of 0.04% or higher (effective July 1, 2018). 23152(f): Driving under the influence of any drug. 23152(g): Driving under the combined influence of alcohol and any drug. 23153(a): Driving a vehicle while under the influence of any alcohol causing injury 23153(b): Driving a vehicle while there was 0.08% or more of alcohol and causing injury 23153(d): Driving commercial vehicle with blood alcohol level of 0.04% or higher causing injury 23153(e): Driving motor vehicle with passenger for hire with blood alcohol level of 0.04% or higher causing injury (effective July 1, 2018). 23153(f): Driving a vehicle while under the influence of any drug causing injury 23153(g): Driving under the combined influence of alcohol and any drug causing injury 23103 (pursuant to VC23103.5): reckless driving involving alcohol or drugs. 14601 14601.1 14601.2 14601.5 driving with suspended, restricted, or revoked license. Other Offense(s): (*misdemeanor charges carry a maximum of 6 months in jail, unless specified otherwise) (*traffic infractions carry fines and fees only) Section Number Jail Minimum Maximum Fine Minimum Maximum Section Number Jail Minimum Maximum Fine Minimum Maximum PRIOR OR SEPARATE CONVICTIONS OR PROBATION VIOLATIONS ALLEGED IN CRIMINAL COMPLAINT TO INCREASE PENALTIES If applicable, I am also charged with the following prior or separate convictions / Violations of Probation: Case No. Offense Date Court Case No. Offense Date Court Case No. Offense Date Court Case No. Offense Date Court V ISALIA DIVISION - 211 S. Mooney Blvd., Visalia, CA 93291 SOUTH COUNTY DIVISION - 300 E. Olive Ave., Porterville, CA 93257 PRETRIAL FACILITY 36650 Road 112, Visalia, CA 93291 PLAINTIFF P P EOPLE OF THE STATE OF CALIFORNIA DEFENDANT DOB DUI / DUID ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM CASE NUMBER DEPARTMENT American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 4 Tulare County Superior Court Advisement of Rights, Waiver and Plea Form TCSC - 004 - 2017 - O Optional Form J anuary 20, 2017 Read Carefully - CONSEQUENCES OF PLEA / SENTENCE RANGES The following driving under the influence of alcohol offenses constitute prior or separate convictions and as a consequence any subsequent similar offense will carry greater punishment, if I commit a subsequent DUI offense within 10 years. DUI WITH NO PROBATION / MINIMUM AND MAXIMUM CONSEQUENCES - 23152 - 96 hours to 6 months, Fine $390 to $1,000. DL suspended for 6 months. 2nd offense - 90 days to 1 year in jail, Fine - $390 to $1,000. D.L. suspended for two years, optional IID restriction available after completion of 1 year of suspension term. Third Offense - 120 days to 1 year in jail, $390 to $1,000 fine. Advise of habitual traffic offender (HTO) status. 3-year license revocation. VC 13550(b). Fourth Offense as misdemeanor 180 days to 1 year in jail, $390 to $1,000 fine. Advise of (HTO) status. 4-year license revocation. DUI WHEN PROBATION IS GRANTED (length of probation not less than 3 years nor more than 5 years, VC 23600) I understand that Court may impound my vehicle at my expense upon conviction for VC 23152 or VC 23153, or suspended or revoked license, for up to 6 months on the 1st offense and not more than 1-year on any subsequent offense, unless it is in the interests of justice not to do so, when driver is the registered owner. VC 23592. The court may order vehicle of registered owner of vehicle used for 23152 or 23153, impounded for not less than one day nor more than 30 days for a 1st offense, and shall order impoundment for not less than one day nor more than 30 days on a 2nd offense, nor more than 90 days on a 3rd or subsequent offense pled and proven within 5 years, except in an unusual case where interests of justice would be served by not ordering impoundment. VC 23594. Mandatory conditions of probation: Not drive with any measurable amount of alcohol; not refuse to submit to chemical test; for alcohol content; and not commit any criminal offense. VC 23600. Failure to comply with any of these conditions will result in revocation of probation. If while I am on probation I drive with a BAC of .01% or higher, as measured by a preliminary alcohol screening test or other chemical test administered by a peace officer it is a violation of VC 23154. Court may order installation of Ignition Interlock device for up to three years. VC 23575. DMV is required to order installation of ignition interlock device for five months on 1st offense, 1 year on 2nd offense, 2 years on third offense, and 3 years on 4th offense. VC 23700 (Pilot Program 4 Counties including Tulare). Willful failure to install ignition interlock device can be considered to be a violation of probation when ordered by the Court or DMV. If convicted of 3rd or subsequent violation of VC 23152 or 2nd or subsequent violation of VC 23153, I understand that if I am the registered owner of the vehicle it may be ordered forfeited as a nuisance by the court. VC 23596. The DMV will impose a 6-st offense, or a 10-month license suspension if a 9-month treatment program is ordered. On a second offense within 10 years the DMV will impose a 2-rd offense within 10 years the DMV will impose a 3-year license revocation. On a 4th or subsequent offense within 10 years the DMV will impose a 4- 23152(a),(b),(c),(d),(e),(f),(g): Court may order 48 hours to 6 months in jail, shall order a fine of $390-$1,000, and shall order a 3 month DUI school. When BAC is 0.20% or above, or chemical test is refused, the Court shall to the offense(s) for which a plea has been entered. (Examples: self-help alcohol or drug programs, substance abuse treatment programs, residential alcohol /drug treatment / community service work, restitution, etc.). First Offense - 23152(a),(b),(c),(d),(e),(f),(g): Court may order a jail term of 48 hours to 6 months in jail. A fine of $390 to $1,000, plus assessments and order completion of a DUI school (3, 6, or 9 months). 9 month DUI school is mandatory for persons who have a BAC of .20% or above, or who have refused to take or complete a chemical test. The DMV will also impose a 6-month driver's license suspension or a 10-month license suspension if the 9-month program is required. 6 month license suspension also mandatory, if offense occurred in vehicle requiring a Class A or B license. VC 23538. 2nd Offense - 23152 (a),(b),(c),(d),(e),(f): with one prior conviction: 2 Options: (A) 10 days to 1 year in jail, fine of $390-$1,000, driver license suspension for 2 years, (B) 96 hours to 1 year in jail (96 hours served in two increments of a continuous 48 hours each); an 18 month alcohol/drug program. The DMV will impose a 2- license license. VC 23542. 3rd Offense - 23152 (a),(b),(c),(d),(e),(f): with two prior convictions: 120 days to 1 year in jail, fine of $390- alcohol/drug program if I have not completed one before. VC 23548. Habitual Traffic Offender designation for period of three years. VC sections 23170(b) and 13350(b). Felony DUI: A fourth and subsequent similar offense can be a felony (16 months, 2, or 3 years in prison) (with probation or as a misdemeanor a minimum of 180 days in jail, $390-$1,000 fine and a 4 year license revocation). VC 23552. 18 month alcohol program, if I have not completed one before. *Ignition interlock device (IID) for up to 3 years to prevent vehicle from starting if I am drinking alcohol required to be installed upon a conviction for VC sections 14601.2, 14601.4, or 14601.5. The DMV will notify you of the ignition interlock requirements. VC 23573(a). Failure