San Mateo — DUI Advisement of Rights, Waiver, and Plea Form (Vehicle Code §§ 23103, 23152 & 23153)

Source: https://sanmateo.courts.ca.gov/system/files/local-forms/cr-36.pdf

CR- 36

SUPERIOR COURT OF CALIFORNIA Reserved for Clerk’s Office Stamp
COUNTY OF SAN MATEO

Southern Division Northern Division 400 County Center 1050 Mission Road Redwood City, CA 94063 So. San Francisco, CA 94080

Plaintiff:

THE PEOPLE OF THE STATE OF CALIFORNIA Defendant:

DUI ADVISEMENT OF RIGHTS, CASE NUMBER:
WAIVER, AND PLEA FORM
(Vehicle Code §§ 23103, 23152 & 23153)

INSTRUCTIONS

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 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 Minimum and Maximum Sentences when Probation is Minimum and Maximum Granted (3 to 5 Years Probation Term, VC § 23600) Sentences without Probation

First Offense Fine of $390 to $1,000 plus penalty assessments AND Fine of $390 to $1,000 plus penalty assessments AND 96 within 10 years of attendance at a 3-month alcohol/drug program (9-month hours (48 hours of which must served continuously) to 6 another conviction program if blood-alcohol content was 0.20 percent or more or months in jail AND a 6-month driver’s license suspension. for VC §§ 23103 chemical test was refused) AND 48 hours to 6 months in jail Note that a restricted license may be available under VC §under 23103.5, AND a 6-month driver’s license suspension (10-month 13352.5 if not a traffic or public safety risk.23152, or 23153 suspension if a 9-month program is ordered). [VC § 23536] Note that a restricted license may be available under VC § 13352.4.

[VC §§ 13352(a)(1), 13352.1(a), 13352.4, 23538]

Second Offense Fine of $390 to $1,000 plus penalty assessments AND an 18- or Fine of $390 to $1,000 plus penalty assessments AND 90 within 10 years of 30-month alcohol/drug program AND a 2-year driver’s license days to 1 year in jail AND a 2-year driver’s license another conviction suspension restored only after successful completion of suspension. for VC §§ 23103 alcohol/drug program PLUS EITHER: Note that a restricted license may be available under VC §under 23103.5, 10 days to 1 year in jail OR 13352.5 if not a traffic or public safety risk.23152, or 23153 96 hours to 1 year in jail (the 96 hours served in two increments [VC § 23540] of 48-continuous hours each).

Note that a restricted license may be available under VC § 13352.5.

[VC §§ 13352(a)(3), 23542]

Third Offense Fine of $390 to $1,000 plus penalty assessments AND 120 days Fine of $390 to $1,000 plus penalty assessments AND 120 within 10 years of to 1 year in jail AND an 18- or 30-month alcohol/drug program days to 1 year in jail AND a 3-year driver’s license other convictions (30 days to 1 year in jail if a 30-month program is ordered) revocation AND designation as a “habitual traffic for VC §§ 23103 AND a 3-year driver’s license revocation restored only after offender” for 3 years with enhanced sentence for driving under 23103.5, successful completion of alcohol/drug program AND while license revoked. [VC §§ 14601.3, 23546] 23152, or 23153 designation as a “habitual traffic offender” for 3 years with enhanced sentence for driving while license revoked.

[VC §§ 14601.3, 23546, 23548]

Fourth or Fine of $390 to $1,000 plus penalty assessments AND 180 days Fine of $390 to $1,000 plus penalty assessments AND 16 Subsequent to 1 year in jail AND an 18- or 30 month alcohol/drug program months, 2 years, or 3 years in prison (felony) or 180 days Offense within 10 (30 days to 1 year in jail if a 30-month treatment program is to 1 year in jail (misdemeanor) AND a 4-year driver’s years of other ordered) AND a 4-year driver’s license revocation restored only license revocation AND designation as a “habitual traffic convictions for after successful completion of alcohol/drug program AND offender” for 3 years with enhanced sentence for driving VC §§ 23103 designation as a “habitual traffic offender” for 3 years with while license revoked. under 23103.5, enhanced sentence for driving while license revoked. [VC §§ 14601.3, 23550]23152, or 23153 [VC §§ 14601.3, 23550, 23552]

Local Form CR 36 (VC §§ 23103, 23152, & 23153) Mandatory Form Page 2 of 9 REV Nov. 2015

SENTENCES FOR DUI WITH INJURY (VC § 23153) Offense Minimum and Maximum Sentences when Probation is Minimum and Maximum Granted (3 to 5 Years Probation Term, VC § 23600) Sentences without Probation

First Offense Fine of $390 to $1,000 plus penalty assessments AND Fine of $390 to $1,000 plus penalty assessments AND 90 within 10 years of attendance at a 3-month alcohol/drug program (9-month days to 1 year in county jail (misdemeanor) or 16 months another conviction program if blood-alcohol content was 0.20 percent or more or or 2 or 3 years in state prison (felony) PLUS an additional for VC §§ 23103 chemical test was refused) AND 5 days to 1 year in jail AND a 1-year term for each additional injured victim (felony) under 23103.5, 6-month driver’s license suspension. AND a 1-year driver’s license suspension. 23152, or 23153 [VC §§ 13352(a)(1), 23556] [VC §§ 13352(a)(2), 23554, 23558]

Second Offense 3-year driver’s license suspension restored only after successful Fine of $390 to $5,000 plus penalty assessments AND 120 within 10 years of completion of alcohol/drug program PLUS EITHER: days to 1 year in county jail (misdemeanor) or 16 months another conviction or 2 or 3 years in state prison (felony) PLUS an additional Fine of $390 to $5,000 plus penalty assessments AND 120 daysfor VC §§ 23103 1-year term for each additional injured victim (felony) to 1 year in jail ORunder 23103.5, AND a 3-year driver’s license suspension. 23152, or 23153 Fine of $390 to $1,000 plus penalty assessments AND 30 days [VC §§ 13352(a)(4), 23558, 23560] to 1 year in jail AND attendance at an 18- or 30-month alcohol/drug program.

[VC §§ 13352(a)(3), 23562]

Third or Fine of $390 to $5,000 plus penalty assessments AND 1 year in Fine of $1,015 to $5,000 plus penalty assessments AND a Subsequent jail (or at least 30 days if 30-day program is ordered) AND an 5-year driver’s license revocation AND designation as a Offense within 10 18- or 30-month alcohol/drug program (30 days to 1 year in jail “habitual traffic offender” for 3 years with enhanced years of other if a 30-month program is ordered) AND a 5-year driver’s sentence for driving while license revoked AND 2, 3, or 4 convictions for license revocation restored only after successful completion of years in state prison PLUS an additional 1-year term for VC §§ 23103 alcohol/drug program. each additional injured victim PLUS an additional 3-year under 23103.5, term if great bodily injury. [VC §§ 13352(a)(6), 23568]23152, or 23153 [VC §§ 23558, 23566]

SENTENCES FOR DUI WITH PRIOR FELONY CONVICTION (VC §§ 23152, 23153)
Offense Minimum and Maximum Sentences when Probation is Minimum and Maximum
Granted (3 to 5 Years Probation Term) Sentences without Probation

Second Offense Same penalty as in above tables PLUS 4-year driver’s license Same penalty as in above tables PLUS 4-year driver’s within 10 years of revocation AND designation as a “habitual traffic offender” for license revocation AND designation as a “habitual traffic felony conviction 3 years with enhanced sentence for driving while license offender” for 3 years with enhanced sentence for driving for VC §§ 23152 revoked. while license revoked. or 23153 or PC §§ [VC § 23550.5] [VC § 23550.5]191.5, 192(d)(1), or 192(c)(3)

Third or Same penalty as in above tables PLUS 5-year driver’s license Same penalty as in above tables PLUS 5-year driver’s Subsequent revocation AND designation as a “habitual traffic offender” for license revocation AND designation as a “habitual traffic Offense within 10 3 years with enhanced sentence for driving while license offender” for 3 years with enhanced sentence for driving years of felony revoked. while license revoked. conviction for VC [VC § 23550.5] [VC § 23550.5]§§ 23152 or 23153 or PC §§ 191.5, 192(d)(1), or 192(c)(3)

Local Form CR 36 (VC §§ 23103, 23152, & 23153) Mandatory Form Page 3 of 9 REV Nov. 2015

ADDITIONAL PENALTIES FOR DUI (VC §§ 23152, 23153) Category Conditions Penalty

Chemical Test First offense within ten years. [VC §§ 23577(a)(2), Additional 48 continuous hours in jail AND a 1-year Refusal 23612(a)(1)(D)(i)] driver’s license suspension.

Second offense within ten years. [VC §§ 23577(a)(3), Additional 96 continuous hours in jail AND a 2-year
23612(a)(1)(D)(ii)] driver’s license suspension.

Third offense within ten years. [VC § 23577(a)(4)] Additional 10 days in jail.

Fourth offense within ten years. [VC § 23577(a)(5)] Additional 18 days in jail.

Excessive Speed Exceeding posted speed limit on freeway by 30 mph or other Additional term of 60 days in jail. For first offense, must street or highway by 20 mph. complete alcohol/drug program even if no probation. [VC § 23582]

Under Age 21 Licensed at time of offense. 1-year driver’s license suspension.

[VC § 23502] Not licensed at time of offense. Delay issuance of license for 1 year.

Minor Passenger Passenger under age 14 in vehicle at time of offense. First offense: Additional 48 continuous hours in jail. Second offense: Additional 10 days in jail. [VC § 23572] Third offense: Additional 30 days in jail. Fourth or subsequent offense: Additional 90 days in jail.

No stays.

Commercial First DUI conviction or willful refusal to complete a chemical No operation of commercial vehicle for 1 year. Vehicle, test. [VC § 15300] Commercial Second DUI conviction or willful refusal to complete a Never operate a commercial vehicle.Driving Privilege chemical test. [VC § 15302]

Ignition Interlock Blood alcohol of 0.15% or more OR two or more prior traffic Court may order installation of ignition interlock device Device violations OR chemical test refusal OR violation of VC § for period up to 3 years. Installation of device does not 14601.2. allow driving without valid driver’s license. [VC § 23575]

Loss of Vehicle First DUI. Impound vehicle for up to 6 months. [VC § 23592]

Second DUI. Impound vehicle for up to 1 year. [VC § 23592]

One or more DUIs or vehicular manslaughter within 10 years. Vehicle may be declared nuisance and ordered sold. [VC § 23596]

Prior Alcohol- DUI conviction more than 10 years ago or PC § 647(f) Complete alcohol/drug problem assessment and enroll in Related conviction. [VC § 23646(b)(3)] treatment program if recommended and court ordered. Conviction

Other Enhanced Blood alcohol level exceeding 0.15% OR chemical test refusal. Court may consider in deciding whether to grant probation Penalties and in deciding whether to impose enhanced penalties or additional terms and conditions of probation. [VC § 23578]

DMV Licensing DMV suspension, revocation, or restriction of license. DMV may impose greater restrictions than court based on uncharged prior convictions. [VC § 13352] DMV issuance of restricted license or restoration of driving Requires proof of insurance and successful completion of privilege. alcohol/drug program even if not ordered by court.

Local Form CR 36 (VC §§ 23103, 23152, & 23153) Mandatory Form Page 4 of 9 REV Nov. 2015

SENTENCES FOR RECKLESS DRIVING (VC § 23103 under § 23103.5) Offense Minimum and Maximum Sentences Other Consequences

Reckless driving If Probation Up to 90 days in jail OR up to $1,000 Conviction will act as a separate DUI conviction if reduced from granted: fine plus penalty assessments OR both subsequent DUI offense committed within 10 years. driving under the AND attendance at a treatment program. influence If Probation not 5 to 90 days in jail OR $145 to $1,000 [VC § 23103.5] granted: fine plus penalty assessments OR both.

SENTENCES FOR DRIVING WHILE LICENSE SUSPENDED, REVOKED, OR RESTRICTED Vehicle Code First Offense Second or Subsequent Offenses Section within 5 years of another conviction for VC §§ 14601, 14601.1, 14601.2, or 14601.5

14601 5 days to 6 months in jail AND $300 to $1,000 fine plus penalty 10 days to 1 year in jail AND $500 to $2,000 fine plus assessments PLUS must install ignition interlock device if plea penalty assessments PLUS must install ignition interlock agreement for charge of VC § 14601.2. device if plea agreement for charge of VC § 14601.2.

14601.1 Up to 6 months in jail OR $300 to $1,000 fine plus penalty 5 days to 1 year in jail AND $500 to $2,000 file plus assessments OR both PLUS must install ignition interlock penalty assessments PLUS must install ignition interlock device if plea agreement for charge of VC § 14601.2. device if plea agreement for charge of VC § 14601.2.

14601.2 & 10 days to 6 months in jail AND $300 to $1,000 fine plus 30 days to 1 year in jail AND $500 to $2,000 fine plus 14601.4 penalty assessments PLUS must install ignition interlock penalty assessments PLUS must install ignition interlock device. device.

Habitual Traffic Offender: Additional 180 days in jail AND
Habitual Traffic Offender: Additional 180 days in jail $2,000 fine.
and $2,000 fine.
VC § 14601.4: Same but no release program.
VC § 14601.4: Same but no release program.

14601.5 Up to 6 months in jail OR $300 to $1,000 fine plus penalty 10 days to 1 year in jail AND $500 to $2,000 fine PLUS assessments OR both PLUS must install ignition interlock must install ignition interlock device if plea agreement for device if plea agreement for charge of VC § 14601.2. charge of VC § 14601.2.

Note: VC § 14601.3 constitutes a prior conviction for this offense.

14601.3 30 days in jail AND $1,000 fine plus penalty assessments. (Second offense within 7 years): 180 days in jail AND $2,000 fine plus penalty assessments. Habitual Traffic Offender: 180 days in jail AND $2,000 fine. Habitual Traffic Offender: 180 days in jail AND $2,000 fine.

Other Impound vehicle for up to 6 months. [VC § 14602.5] Impound vehicle for up to 1 year. [VC § 14602.5] Consequences Vehicle may be declared nuisance and ordered sold. [VC § 14602.7]

Local Form CR 36 (VC §§ 23103, 23152, & 23153) Mandatory Form Page 5 of 9 REV Nov. 2015

OTHER CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST

1. DUI Advisement – I understand the following: “You are hereby advised that being under the influence of alcohol or drugs, or both, impairs your 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 you continue to drive while under the influence of alcohol or drugs, or both, and, as a result of that driving, someone is killed, you can be charged with murder.” [VC § 23593]

2. Non-US Citizen – I understand that if I am not a citizen, conviction of the offense with which I have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization or amnesty, pursuant to the laws of the United States. [PC § 1016.5]

3. Nolo Contendere – I understand that the plea of no contest (nolo contendere) has the same legal effect as a plea of guilty, but it cannot be used against me in a civil lawsuit unless the offense is punishable as a felony.

4. Fees and Restitution – I understand that, in addition, the fines indicated on the penalty charts, the Court will

add assessments that will significantly increase the amount I must pay. In addition I will be ordered to pay restitution to the victim and a restitution fine of $100 to $1000. Restitution imposed will be enforceable as a civil judgment. [PC § 1202.4]

5. Probation/Parole Revocation – I understand that my plea of guilty or no contest may be grounds for revoking probation or parole previously imposed on me in any other case.

6. Multiple Offender Conditions – I understand that multiple convictions for violating any of the above-cited Vehicle Code sections have escalating consequences, as detailed in the tables above.

Local Form CR 36 (VC §§ 23103, 23152, & 23153) Mandatory Form Page 6 of 9 REV Nov. 2015

ENTRY OF PLEA

I am the defendant in this case and I wish to freely and voluntarily enter a plea of (check one): GUILTY NO CONTEST (NOLO CONTENDERE)

To violation(s) of the following Vehicle Code section(s):

23152(a) Driving a vehicle while under the influence of any alcoholic beverage to the degree that my ability to drive was impaired

23152(b) Driving a vehicle while there was 0.08 % or more of alcohol in my blood

23152(d) Driving a commercial vehicle while my blood-alcohol level was 0.04 % or higher

23152(e) Driving a vehicle while under the influence of any drug to the degree that my ability to drive was impaired

23152(f) Driving a vehicle while under the combined influence of any alcoholic beverage and drug to the degree that my ability to drive was impaired

23153(a) Driving a vehicle while under the influence of alcoholic beverage to the degree that my ability to drive was impaired and causing injury

23153(b) Driving a vehicle while there was 0.08% or more of alcohol in my blood and causing injury

23153(d) Driving a commercial vehicle while my blood-alcohol level was 0.04 % or higher and causing injury

23153(e) Driving a vehicle while under the influence of any drug to the degree that my ability to drive was impaired and causing injury

23153(f) Driving a vehicle while under the combined influence of any alcoholic beverage and drug to the degree that my ability to drive was impaired and causing injury

23103 under 23103.5 Reckless driving involving alcohol or drugs, or both

14601 or 14601.1 or 14601.2 or 14601.4 or 14601.5 Driving in knowing violation of a driver’s license restriction, suspension, or revocation

14601.3 (Habitual traffic offender) – Accumulating a driving record history in knowing violation of a driver’s license suspension or revocation

And to the following additional offense(s):

OFFENSE(S) AND CODE SECTION NUMBER(S)

(continued on next page)

Local Form CR 36 (VC §§ 23103, 23152, & 23153) Mandatory Form Page 7 of 9 REV Nov. 2015

ENTRY OF PLEA (continued)

In addition, I ADMIT the following special allegation(s) and prior conviction(s):

I refused a chemical test in this case.

The prior conviction(s) dated _________________________________ as alleged in the complaint is/are true.

I was driving with a blood alcohol content of 0.15 % or higher.

I was driving with a blood alcohol content of 0.20 % or higher.

A minor under the age of 14 was a passenger in the vehicle at the time of the offense.

I was driving the vehicle 30 or more miles per hour over the maximum, prima facie, or posted speed limit on a freeway at the time of the offense.

I was driving the vehicle 20 or more miles per hour over the maximum, prima facie, or posted speed limit on a street or highway at the time of the offense.

Other special allegation(s):

My decision to plead guilty/no contest, and to admit the special allegation(s) and/or the allegation of any prior conviction(s), has been made freely and voluntarily, without threat to or coercion of me or anyone closely related to or associated with me. There have been no promises to me of rewards, immunity, probation, or anything else to induce my plea of guilty/no contest and admission of prior convictions, if any, except that I have entered into the following Plea Agreement:

I have read and fully understand all of the rights set forth above. With that in mind, I freely and voluntarily waive (give up) those rights. I have read and understand the charges and special allegations made against me, and I have read and understand the penalties and other consequences of a conviction for those offenses. I freely and voluntarily enter this plea with these consequences in mind.

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DEFENDANT’S SIGNATURE DATE

SENTENCING RIGHTS (check all the rights that you agree to waive): Right to Sentencing Time – The right to a 6-hour to 5-day delay before sentencing for a misdemeanor. I give up this right and agree to be sentenced at this time. Right to be Sentenced by a Judge – The right to enter my plea before, and be sentenced by a judge. I give up this right and agree to enter my plea before, and be sentenced by: ____________________________________, a Judge Pro Tempore (Temporary Judge) Right to Sentencing by the Same Judge – The right to be sentenced by the same judge who took the plea, if my case is continued for sentencing.

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DEFENDANT’S SIGNATURE DATE

Local Form CR 36 (VC §§ 23103, 23152, & 23153) Mandatory Form Page 8 of 9 REV Nov. 2015

ATTORNEY ACKNOWLEDGEMENT: I certify that I have explained all of the above-mentioned rights to the above-named defendant and have answered all of the defendant’s questions regarding this plea. I have also discussed the facts of the case with the defendant, and explained the consequences of this plea, the elements of the offense(s), and the possible defenses. I am satisfied that he/she knowingly and intelligently has waived all of the rights enumerated above and has full understanding of the nature and the consequences of the charge(s) against him/her.

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SIGNATURE OF DEFENDANT'S ATTORNEY DATE

INTERPRETER CERTIFICATION (if applicable): I certify that I have been sworn or having a written oath on file, certify that I well and truly translated the entire contents of this form to the defendant in the language indicated below. The defendant stated to me that he/she understands the contents of this form, and then he/she initialed and signed the form.

The form was translated for the defendant into: Spanish Other (specify): ______________________________________________________________

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INTERPRETER’S SIGNATURE DATE

COURT’S FINDINGS AND ORDER

The Court, having reviewed this form and any addenda, and having questioned the defendant and/or defendant’s attorney concerning the defendant’s waiver of his/her constitutional rights and the defendant’s admission of other convictions(s), special allegations and probation violation(s), if any, finds that:

1) There is a factual basis to support the charge(s) to which the defendant is pleading;
2) The defendant understands his/her constitutional rights, the nature of the crime(s) and special
allegations charged, the consequences of this plea; and
3) That the defendant is knowingly and voluntarily entering this plea and waiving the rights listed above
and the right to have the charges read.

IT IS HEREBY ORDERED that the defendant’s plea(s) of Guilty/No Contest, the admission of special allegations including any prior conviction(s), the admission of probation violations, if any, and the waiver of constitutional rights is expressly, intelligently, knowingly, and voluntarily entered by defendant and that the court accepts the plea and admissions and finds the defendant guilty of the charge(s)and that they be entered in the minutes of this court, and that the defendant’s preceding declaration be filed.

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JUDGE OF THE SUPERIOR COURT DATE
TEMPORARY JUDGE OF THE SUPERIOR COURT

Local Form CR 36 (VC §§ 23103, 23152, & 23153) Mandatory Form Page 9 of 9 REV Nov. 2015