76A298M PRU-100 (Rev. 4-2012) Continued on reverse Page 1 of 4 SUPERIOR COURT OF CALIFORNIA COUNTY: COUNTY OF YOLO PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT: DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLE A FORM (First Offense Only - Vehicle Code 247 23152) CASE NUMBER: DEPARTMENT: 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 4. If you have any questions about your case, the possible sentence, or the information on this form, ask your attorney or the judge. RIGHT TO AN ATTORNEY 1. I understand that I have the right to be represented by an attorne y 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, and that it is almost always unwise to represent myself. . . . . . . . . . . . . . . . . . . INITIALS 1. 2. I give up my right to an attorney, and I choose to represent myself. (Does not apply if you have an attorney.) . . . . . . . . . . . . . . . . . . . . . . 2. NATURE OF THE CHARGES (Complete all items you are charged with.) I understand that I am charged with a violation of Vehicle Code section(s): 3. 23152(a) - Driving under the influence of alcohol or drugs, or both. . . . . . . . . . . . . 3. 4. 23152(b) - Driving whe n my blood - alcohol level was .08 percent or higher. . . . . . . . . . 4. 5. 23152(d) - Driving a commercial vehicle when my blood - alcohol level was .04 percent or higher. . 5. 6. 23103, 23103.5 - Reckless driving involving alcoh ol or drugs, or both. . . . . . . . . . . . . 6. 7. If applicable - I understand that I am also charged with the following other offense(s) : TYPE OF OFFENSE(S) AND SECTION NUMBER(S) 7. 8. I understand the charge(s) against me, and the possible pleas and defenses. . . . . . . . . 8. CONSTITUTIONAL RIGHTS/WAIVER OF RIGHTS 9. RIGHT TO A JUR Y 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 impartial jurors were convinced of my guilt beyond a reasonable doubt. . . . . . . . . . . . . . . . . . . . 9. 10. I give up my right to a jury trial. . . . . . . . . . . . . . . . . . . . . . . . . . . 10. 11. RIGHT TO CONFRONT WITNESSES - I understand th at I have the right to confront and cross - examine all witnesses testifying against me. . . . . . . . . . . . . . . . . . . . . . 11. 12. I give up my right to confront and cross - examine witnesses. . . . . . . . . . . . . . . . 12. American LegalNet, Inc. www.FormsWorkFlow.com 76A298M PRU-100 (Rev. 4-2012) See next page Page 2 of 4 CONSTITUTIONAL RIGHTS/WAIVER OF RIGHTS (Continued) 13. 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 13. 14. I give up my right to remain silent and to n ot incriminate myself. . . . . . . . . . . . . . 14. 15. 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 f avorable to me, at no cost to me. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15. 16. I give up my right to produce evidence and witnesses on my own behalf. . . . . . . . . . . 16. SENTENCES FOR DRIVING 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 withou t Probation First offense within 10 years The Court may order me to serve between 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 (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 also impose a 6 - month driver's license suspension, or a 10 - month suspension if a 9 - month program is required. 96 hours to 6 months in jail, and a $390 t o $1,000 fine. The DMV will also impose a 6 - suspension. Second offense within 10 years A jail term of either: (a) 10 days to 1 year, or (b) 96 - hours to 1 year, a $390 to $1,000 fine, and completion of an 18 - month (or 30 - month) al cohol/drug treatment program. The DMV will also impose a 2 - year driver's license suspension. 90 days to 1 year in jail, and a $390 to $1,000 fine. The DMV will also impose a 2 - year driver's license suspension. SENTENCES FOR RECKLESS DRIVING (Sections 23103, 23103.5) Offense Minimum and Maximum Sentences Other Consequences Reckless driving reduced from driving under the influence (DUI) If probation is granted: A maximum of 90 days in jail, or $1,000 fine, or 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 17. I have read and understood the above charts which list the minimum and maximum penalties for the offense(s) I am charged with. (See item No. 32 for the offenses not listed in the charts.) . . INITIALS 17. 18. I understand that in addition to the fine, the Court will add asse ssments which will significantly increase the amount I must pay . I will also be ordered to make restitution and to pay a restitution fine of $1 4 0 to $1,000. . 18. 19. If applicable - I understand that if I was under the age of 21 at the time of my a license will also be suspended for 1 year, and I must surrender my license to the Court. If I do not issuing a license to me for 1 year after I become eligible to drive. . . . . . . . . . . . . . 19. 20. 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 extreme ly 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. 2 0. 21. 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. . . . . . . . . . . . . . . . . . . . . . 21. American LegalNet, Inc. www.FormsWorkFlow.com 76A298M PRU-100 (Rev. 4-2012) Continued on reverse Page 3 of 4 CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST (Continued) 22. I u nderstand that 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. . . . . . . . . . . . . . . . . . . . . INITIALS 22. vil procedure which is 23. 24. I understand that the 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 occu rred in any vehicle. . . . . . . . . . . . . 24. 25. felony conviction in the past 10 years of Vehicle Code 247 23152 or 23153, or Penal Code 247 191.5, 192(c)(1) or 192(c)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25. 26. I understand that proof of my successful completion of an alcohol/drug pr