Merced — MSC-CR-202

Source: https://www.merced.courts.ca.gov/system/files/forms-and-filings/msc-cr-202-misdemeanor-advisement-rights-waiver-and-plea-form-dui_license-rev-03112026.pdf

MSC-CR-202 SUPERIOR COURT OF CALIFORNIA Reserved for Clerk’s File Stamp COUNTY OF MERCED Superior Courts Building Los Banos Division 2260 N Street 1159 G Street Merced, CA 95340 Los Banos, CA 93635 (209) 725-4100 (209) 725-4124 People of the State of California

v.

Defendant: MISDEMEANOR ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM Vehicle Code §§ 14601, 23152, 23153, 23103/23103.5 Case No. INITIALS DECLARATIONS 1. By placing my initials in the space to the left, I declare I fully understand each declaration and waiver. 2. I stipulate to a court commissioner acting as temporary judge until final determination of the cause. 3. I have been informed of the charge(s)/enhancement(s) against me, and each charge/enhancement was fully explained to me by my attorney or the judge, and I understand the nature and the possible consequences of the charge(s)/enhancement(s). 4. Right to an attorney: I understand that l 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, l may be asked to pay all or part of the cost of that attorney, if I can afford it. 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. 5. I have had enough time to discuss my case and all possible defenses with my attorney. My attorney has explained the elements of the charged offense(s), any enhancement(s) and/or allegation(s) against me. I have told my attorney all the facts that are known to me about my case and we have discussed my rights, waiver of those rights, and all possible consequences of this plea. 6. [Leave blank if you have an attorney] I am proceeding without an attorney though the Court has advised me of the dangers of doing so. 7. Right to a jury trial: I understand I have a constitutional right to a speedy trial by the court or jury open to the public. I must be tried within 30 days of my arraignment if I am in custody or within 45 days if I am not in custody. I understand that a jury is composed of twelve members of the community, that I may participate in the selection of jurors, and that the verdict of the jury must be unanimous. 8. Right to confront and cross-examine witnesses: I understand that I have the right to confront and cross-examine all witnesses testifying against me. 9. 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, or admitting prior conviction(s) or probation violation(s), I am incriminating myself. 10. Right to produce evidence: I understand that I have the constitutional right to have the Court use its power to subpoena witnesses and documents on my behalf and to present evidence, at no cost to me. 11. Parole/Probation: I understand that if I am now on parole, post-release community supervision, mandatory supervised release, or probation, my plea of guilty or no contest will constitute a violation of my probation. 12. Immigration: If you are not a citizen of the United States, you are hereby advised that a conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. I understand this. I have had sufficient time to discuss the potential immigration consequences of my plea with my attorney, and I am willingly, knowingly, and voluntarily choosing to enter my plea of guilty or no contest, rather than go to trial. 13. I understand that I have a right to wait a minimum of 6 hours, and up to 5 days, to be sentenced after entering my plea. However, I understand the Court may extend this time if it orders a pre-sentencing probation report. 14. I understand that a plea of no contest has the same effect as a plea of guilty in this proceeding, but may not be used against me in a civil action out of this incident. INITIALS WAIVER OF RIGHTS 15. I understand the word “waive” means that I give up the rights I have. 16. [Leave blank if you have an attorney] I hereby waive my right to have an attorney represent me. 17. I hereby waive my right to a jury trial and my right to a court trial. 18. I hereby waive my right to confront and cross-examine any witnesses against me. 19. I hereby waive my right to have witnesses and documents subpoenaed on my behalf and my right to present evidence. 20. I hereby waive my right to remain silent and to not incriminate myself. 21. I hereby waive time for sentencing so the Court may sentence me now. INITIALS ENTRY OF PLEA 22. I am freely and voluntarily entering a plea. No one has threatened me or anyone close to me to make this plea. No one has made any other promises to me, such as a lighter sentence, reward, immunity or anything not discussed in this form. 23. I am not under the influence of any drugs, alcohol, or medication. 24. I freely and voluntarily plead guilty or no contest to: □ Vehicle Code section 23152(a) – “driving under the influence of alcohol/drugs” □ Vehicle Code section 23152(b) – “drivi

me, such as a lighter sentence, reward, immunity or anything not discussed in this form. 23. I am not under the influence of any drugs, alcohol, or medication. 24. I freely and voluntarily plead guilty or no contest to: □ Vehicle Code section 23152(a) – “driving under the influence of alcohol/drugs” □ Vehicle Code section 23152(b) – “driving with a blood alcohol of .08 or above” □ Vehicle Code section 23152(f) □ Vehicle Code section 23152(g) □ Vehicle Code section 23103 – “dry reckless driving” □ Vehicle Code section 23103.5 – “wet reckless driving” □ Vehicle Code section □14601 □14601.1 □14601.2 □14601.5 - “driving with a suspended/revoked license” □ Other: □ Enhancements:

For Optional Use DUI/LICENSE ADVISEMENT OF RIGHTS, WAIVER, Page 1 of 4 MSC-CR-202 [Rev. Mar. 11, 2026] AND PLEA FORM

MSC-CR-202 INITIALS ENTRY OF PLEA (continued) 25. I admit my prior conviction(s):

26. I understand the charge(s) carry a maximum of ______________________________ in county jail. 27. I understand that in addition to the fine imposed, the law requires the Court to add assessments which will increase the amount I must pay. I understand that I may also be ordered: (1) to make restitution to the victim, if the offense involved a victim, or to a Restitution Fund and/or battered women’s shelter; and (2) to pay the expenses incurred by a public agency which responded to any incident caused by my vehicle at the time of my arrest. 28. Factual Basis: I admit the facts as stated in the police report constitute a factual basis for my plea. 29. Arbuckle Waiver: I understand that I have the right to be sentenced by the same judge or court commissioner who takes my plea. I give up that right and agree that any judge or court commissioner may sentence me. 30. Harvey Waiver: The sentencing judge or court commissioner may consider the entire factual background of the case, including any dismissed or stricken charges or allegations or cases, and any charges the District Attorney agrees not to file, when granting probation, ordering restitution or imposing sentence. 31. I understand that the Department of Motor Vehicles (DMV) may restrict, suspend, or revoke my license under a procedure which is separate from this criminal action. I understand that the DMV's action, if any, will be in addition to the Court's sentence and that I must obey it. 32. I understand that if the Court orders my license restricted, and the DMV orders my license suspended, the restricted license does not allow me to drive until the DMV's suspension has been completed or set aside. The restriction shall begin upon reinstatement of my privilege to drive. 33. I understand that I must successfully complete an alcohol/drug program in order to be eligible for a driver's license following my license restriction, suspension, or revocation. 34. I understand that a subsequent conviction for a like offense (driving under the influence and/or driving with a suspended/revoked license) will carry increased penalties. 35. Ignition interlock Device: I understand that I may be ordered to install a certified ignition interlock device on any vehicle that I own or operate, for up to three years from the date of my conviction. 36. Murder Liability Advisement: I have been advised of and warned that being under the influence of alcohol or drugs, or both, impairs my ability to safely operate a motor vehicle. Therefore, it is extremely dangers 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 that driving, someone is killed, I can be charged with murder. (Vehicle Code section 23593) 37. Other consequences: DEFENDANT'S STATEMENT

I have read or have had this form read to me. I understood all items above and personally initialed each item that

applies to my case. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct.

Date Defendant’s Signature

ATTORNEY’S STATEMENT

I am the attorney of record for the defendant. I have reviewed this form with my client. I have explained to the

defendant each of his/her rights and answered all of the defendant’s questions with regard to this plea. I have discussed the facts of the case with the defendant, and explained the consequences of this plea, including the immigration consequences, the elements of the offense(s), and the possible defense(s). I concur with this plea and the defendant’s decision to waive his/her constitutional right and stipulate to a factual basis.

Date Attorney’s Signature

INTERPRETER’S STATEMENT (if applicable)
I, , having been duly sworn or having a written oath on file, certify that I

truly interpreted this form to the defendant in the language. The defendant stated that he/she understood the contents in the form and then he/she initialed and signed the form.

Date Interpreter’s Signature, #

PROSECUTING ATTORNEY’S STATEMENT

I stipulate there is a factual basis for this plea. I have reviewed this plea form and do not believe any further

statement of consequences or advisement of rights are necessary. If applicable, I stipulate to a court commissioner acting as temporary judge until final determination of the cause.

Date Attorney’s Signature

COURT'S FINDINGS AND ORDER

For Optional Use DUI/LICENSE ADVISEMENT OF RIGHTS, WAIVER, Page 2 of 4 MSC-CR-202 [Rev. Mar. 11, 2026] AND PLEA FORM

MSC-CR-202 The Court, having reviewed this form and having questioned the defendant, finds that (a) the defendant has read or has had this form read to him/her and understands each of the initialed terms on this form; (b) the defendant understands the nature of the crimes and allegations listed and the consequences of the plea and any admissions; (c) the defendant expressly, knowingly, understandingly, and intelligently waives his/her constitutional and statutory rights; and (d) the defendant's plea, admissions, and waiver of rights are made freely and voluntarily and there is a factual basis for the plea.

The Court accepts the defendant's plea, admissions, and waiver of rights and the defendant is hereby convicted based thereon.

It is ordered that this document be filed with the Court's records of this case and that the defendant's plea, admissions,

and waiver of rights be accepted and entered in the minutes of this Court.

Date Signature of the Court

SENTENCES FOR RECKLESS DRIVING WITH ALCOHOL OR DRUGS (VEH. CODE SECTION 23103 UNDER 23103.5) Offense Minimum and Maximum Sentence Additional Consequences Veh. Code section 23103 under If probation is granted: • The resulting conviction will be section 23103.5 (“reckless • Maximum probationary period of 3 years, considered a prior offense for any driving”) • Jail term up to 90 days, and/or future DUI offenses in the next 10 • Fine of up to $1,000 plus penalty assessments, and years. • DUI program. • DUI offenses include: If probation is not granted. - Reckless driving (Veh. Code • Jail term of 5 to 90 days, and/or section 23103/23103.5). • Fine of between $145 to $1,000 plus penalty assessments. - DUI (Veh. Code section 23152). - DUI with Injury (Veh. Code section 23153). SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (VEH. CODE SECTION 23152) Offense Minimum and Maximum Sentence/Conditions Minimum and Maximum Sentences if Probation Is Granted without Probation 3-5 year probation term per Veh. Code section 23600 First Offense within 10 years • Mandatory fine of between $390 to $1,000 plus penalty • Fine of between $390 to $1,000 plus (No prior convictions for Veh. Code assessments. penalty assessments. section 23103 under 23103.5, 23152 • Jail term of 48 hours to 6 months. • Jail term of 98 hours to 6 months (at or 23153 within the preceding 10 • 3-month or 6-month DUI program if my blood-alcohol least 48 hours in jail must be years.) content was .15% or more, or a 9-month program if my continuous). blood-alcohol content was .20 % or more or if I refused a • 6-month driver’s license suspension. chemical test. • 6-month driver’s license suspension or a 10-month suspension if a 9-month DUI program is ordered.

Second Offense within 10 years • Fine of between $390 to $1,000 plus penalty assessments. • Fine of between $390 to $1,000 plus (One prior conviction for Veh. Code • Jail term of either 10 days to 1 year or 96 hours (two 45- penalty assessments. section 23103 under 23103.5, 23152 hour terms) to 1 year. • Jail term of 90 days to 1 year. or 23153 within 10 years.) • 8- or 30-month DUI program. • 2-year driver’s license suspension. • 2-year driver’s license suspension.

Third Offense within 10 years • Fine of between $390 to $1,000 plus penalty assessments. • Fine of between $390 to $1,000 plus (Two prior separate convictions for • Jail term of at least 120 days to 1 year or a term of 30 days penalty assessments. any combination of Veh. Code to 1 year and participation in a 30-month DUI program. • Jail term of at least 120 days to 1 year. section 23103 under 23103.5, 23152 • 18- or 30-month DUI program. • 3-year driver’s license revocation. or 23153.) • 3-year driver’s license revocation. • Designation as a habitual offender for 3 • Designation as a habitual offender for 3 years. (Veh. Code years. (Veh. Code section 23550). section 23550). WILLFULL REFUSAL TO SUBMIT TO OR COMPLETE CHEMICAL TEST AT TIME OF ARREST FOR VEH. CODE SECTION 23152 OR 23513 Any person who is convicted of a violation of Veh. Code section 23152 or 23153 and at the time of arrest leading to the conviction willfully refused a peace officer’s request to submit to, or willfully failed to complete, a chemical test or test(s) will be required to attend a 6-month drug/alcohol program in addition to the following penalties: First Violation of Veh. Code section A fine of $390 to $1,000, mandatory jail term of 48 hours to 6-months, and 1-yesr driver’s license suspension. 23152 (Veh. Code sections 23538, 23577, & 23612). First Violation of Veh. Code section An additional 48 continuous hours in jail (mandatory, even if probation is granted), fine, and 1-year driver’s 23153 license suspension. (Veh. Code sections 23577 & 25612). Second Violation of Veh. Code An additional 96 hours in jail (cannot be stayed even if probation is granted), and 2-year driver’s license section 23152 or 23153 suspension. (Veh Code sections 23577 & 23612). Third Violation of Veh. Code section An additional 10 days in jail (cannot be stayed even if probation is granted). 23152 SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS WITH BODILY INJURY (VEH. CODE SECTION 23153) Offense Minimum and Maximum Sentences/Conditions if Minimum and Maximum Sentences without Probation Term is Granted Probation (3-5 year probation term per Veh. Code section 23600) First Offense within 10 years • Fine of between $390 to $1,000 plus penalty • Fine of between $390 to $1,000 plus penalty (No prior convictions for Veh. Code assessments. assessments. section 23103 under 23103.5, 23152 • Jail term of 5 days to 1 year. • Misdemeanor: 90 days to 1 year in jail. or 23153 within the preceding 10 • 1-year driver’s license suspension. • Felony: prison for 16 months, 2 or 3 years. years.) • Attendance and completion of an alcohol/drug • 1-year driver’s license suspension. education and counseling program. • If my blood-alcohol content was less than .20%, a 3 month (or longer) DUI program. • If my blood-alcohol content was .20% or more or if I refused to take a chemical test when arrested, a 9 month (or longer) alcohol/drug education and treatment program. • 1-year driver’s suspension.

SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS WITH BODILY INJURY (cont’d)
(VEH. CODE SECTION 23153)
Offense Minimum and Maximum Sentences/Conditions if Minimum and Maximum Sentences without
Probation Term is Granted Probation
(3-5 year probation term per Veh. Code section 23600)

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MSC-CR-202 Second Offense within 10 years Two Options: • Fine of between $390 to $5,000 plus penalty (One prior conviction for Veh. Code • (1) Fine of between $390 to $5,000 plus penalty assessments. section 23103 under 23103.5, 23152 assessment, jail term of 120 days to 1 year, and 3 • Misdemeanor: 120 days to 1 year in jail. or 23153 within 10 years.) year driver’s license revocation. • Felony: prison for 16 months, 2 or 3 years. or • 3-year driver’s license revocation. • (2) Fine of between $390 to $1,000, jail term of 30 days to 1 year, 18- or 30-month DUI program, and 3-year driver’s license revocation. Third Offense (or more) within 10 • Fine of between $390 and $5,000 plus penalty • Fine of between $1,015 and $5,000 plus years assessments. penalty assessments. (Two prior separate convictions for • Jail term of at least 1 year. • Prison for 2, 3, or 4 years. any combination of Veh. Code • 18- or 30-month DUI program. • Alcohol and drug program while in prison. section 23103 under 23103.5, 23152 • 5-year driver’s license revocation. • 5-year driver’s license revocation. or 23153.) • Designation as a habitual offender for 5 years. • If the offense caused great bodily injury to anyone other than the driver, and the offense occurred within 10 years of 4 or more separate DUI offenses, the Court will impose a consecutive 3-year prison term. • Additional 1 year of imprisonment for each injured (or deceased) victim (3 years max). DUI ADDITIONAL PENALTY FOR EXCESSIVE SPEED OR RECKLESS DRIVING (VEH. CODE SECTION 23582) Any person who drives a vehicle 30 m.p.h. over the maximum on a freeway or 20 m.p.h. over the maximum on any other street or highway with willful or wanton disregard to the safety of people or property (i.e., reckless driving) during the commission of a DUI offense (Veh. Code sections 23152 and 23153) will be punished by the additional and consecutive terms. First Offense Additional 60 days in jail (even if probation is granted or sentence is suspended), a drugs/alcohol education program, and/or a counseling program. Second or additional offenses Additional 60 days in jail (even if probation is granted or sentence is suspended). VIOLATING VEH. CODE SECTION 23152 WITH PASSENGER UNDER 14 IN THE VEHICLE ENHANCEMENT: PUNISHMENT CANNOT BE STAYED First Offense Additional 48 continuous hours in jail (even if probation is granted). Second Offense Additional 10 days in jail (even if probation is granted). Third Offense Additional 60 days in jail (even if probation is granted). Fourth Offense Additional 90 days in jail (even if probation is granted). PENALTIES FOR DRIVING WHILE LICENSE IS SUSPENDED, REVOKED, OR RESTRICTED Vehicle First Conviction Second or Additional Offenses Additional Consequences Code Within 5 years of a prior conviction for Veh. Section Code sections 14601.1, 14601.2, 14601.5 14601 5 days to 6 months in jail plus a 10 days to 1 year in jail and a fine of $500 Ignition Interlock Device (“IID”) fine of $300 to $1,000 plus to $2,000 plus penalty assessment or at If the plea to this charge Is in satisfaction of, or as a penalty assessments. least 10 days in jail (if probation is substitute for, an original charge of Veh. Code granted). section 14601.2, an order to install an IID for 3 years will be made. 14601.1 Up to 6 months in jail or a fine of 5 days to 1 year in jail and a fine of $500 Ignition Interlock Device (“IID”) $300 to $1,000 plus penalty to 2,000 plus penalty assessments. If the plea to this charge Is in satisfaction of, or as a assessments or both. substitute for, an original charge of Veh. Code section 14601.2, an order to install an IID for 3 years will be made. 14601.2 10 days to 6 months in jail and 30 days

substitute for, an original charge of Veh. Code section 14601.2, an order to install an IID for 3 years will be made.

14601.2 10 days to 6 months in jail and 30 days to 1 year in jail and a fine of $500 Habitual Offender: A person who has been &14601.4 fine of $300 to $1,000 plus to $2,000 plus penalty assessments. designated as a habitual offender will be punished (Same penalty assessments. by an additional 180 days in jail and $2,000 fine. If probation is granted, jail term of at leastpenalties If probation is granted, jail term of 30 days.except for 14601.4: A person who violates Veh. Code section at least 10 days. the release Mandatory installation of an ignition 14601.4 is ineligible for work release, community restriction in Mandatory installation of an interlock device. service or any other program until the minimum jail section ignition interlock device. term has been served (even if probation is 14601.4.) granted). 14601.3 30 days in jail and $1,000 fine For a second or subsequent offense within Habitual Offender: A person who has been plus penalty assessments. 7 years 180 days in jail and $2,000 fine designated as a habitual offender will be punished plus penalty assessments. by an additional 180 days in jail and $2,000 fine plus penalty assessments. 14601.5 Up to 6 months in jail or fine of 10 days to 1 year in jail and fine of $500 to Ignition Interlock Device (“IID”) $300 to $1,000 plus penalty $2,000 plus penalty assessments. If the plea to this charge Is in satisfaction of, or as a assessments or both. substitute for, an original charge of Veh. Code section 14601.2, an order to install an IID for 3 years will be made.

DEFENDANT'S STATEMENT

I have read or have had the above chart read to me setting forth the minimum and maximum sentences. I

understand them. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct.

Date Defendant’s Signature

For Optional Use DUI/LICENSE ADVISEMENT OF RIGHTS, WAIVER, Page 4 of 4 MSC-CR-202 [Rev. Mar. 11, 2026] AND PLEA FORM