Nevada — CL28

Source: https://www.nevada.courts.ca.gov/system/files/forms-and-filings/cl28-dui-plea-advisement.pdf

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF NEVADA 201 Church Street, Suite 7, Nevada City, CA 95959 (530) 265-1311 10075 Levon Avenue, Suite 107, Truckee, CA 96161 (530) 582-7835 People of the State of California

vs.

DUI ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM CASE NUMBER:
(FIRST OFFENSE ONLY - VEHICLE CODE § 23152)

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 Initials

1. I understand that I have the right to 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 the 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.

2. I give up my right to an attorney, and I choose to represent myself. (Does not apply if you have an attorney)

NATURE OF THE CHARGE(S) (Initial all items you are charged with) I understand that I am charged with a violation of Vehicle Code section(s): Initials 3. 23152(a) Driving under the influence of alcohol 4. 23152(b) Driving when my blood-alcohol level was .08 percent or more 5. 23152(d) Driving a commercial vehicle when my blood-alcohol level was .04 percent or more 6. 23152(f) Driving under the influence of a drug or drugs 7. 23152(g) Driving under the combined influence of any alcoholic beverage and drug 8. 23103, 23103.5 Reckless driving involving alcohol, drugs or both 9. If applicable, I understand that I am also charged with the following other offense(s) ____________________________________________________________________ ____________________________________________________________________

TYPE OF OFFENSES AND SECTION NUMBER(S) Initials 10. I understand the charge(s) against me and the possible pleas and defenses.

CONSTITUTIONAL RIGHTS/WAIVER OF RIGHTS Initials 11. 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 convicted unless 12 impartial jurors were convinced of my guilt beyond a reasonable doubt. 12. I give up my right to a jury trial 13. RIGHT TO CONFRONT WITNESSES – I understand that I have the right to confront and cross- examine all witnesses testifying against me. 14. I give up my right to confront and cross-examine witnesses.

DUI PLEA ADVISEMENT LOCAL CL28 (REVISED 07/01/2026)- OPTIONAL

CONSTITUTIONAL RIGHTS/WAIVER OF RIGHTS (CONTINUED) Initials 15. RIGHT AGAINST SELF-INCRIMINATION – I understand that I have the right to remain silent and not incriminate myself. I understand that by pleading guilty or no contest, I am incriminating myself. 16. I give up my right to remain silent and to not incriminate myself. 17. RIGHT TO PRODUCE EVIDENCE – I understand that I have the right to present evidence, including the right to testify on my own behalf, and to have the Court issue subpoenas to bring into court all witnesses and evidence favorable to me at no cost to me. 18. I give up my right to produce evidence and witnesses on my own behalf.

SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (SECTION 23152) Offense Minimum/Maximum Sentence when Probation is Granted Minimum/Maximum Sentence (3 to 5 year Probation Term) without Probation First offense The Court may order a jail term of 48 hours to 6 months. It will impose a 96 hours to 6 months in jail and within 10 fine of $390 to $1,000 and order me to complete a 3-month alcohol/drug a $390 to $1,000 fine. The years treatment program. If my blood-alcohol content was .20% or more or if I DMV will also impose a 6- refused a chemical test upon my arrest, I must complete a 9-month month driver’s license treatment program. The DMV will also impose a 6-month driver’s suspension. license suspension or a 10-month license suspension if the 9-month program is required. Second A jail term of either (a) 10 days to 1 year or (b) 96 hours to 1 year. A 90 days to 1 year in jail and $390 offense $390 to $1,000 fine and completion of an 18-month alcohol/drug to $1,000 fine. The DMV will within 10 treatment program. The DMV will also impose a 2-year driver’s license also impose a 2-year driver’s years suspension. license suspension.

SENTENCES FOR RECKLESS DRIVING (Sections 23103, 23103.5) Offense Minimum/Maximum Sentence Other Consequences Reckless driving Probation granted: Maximum of 90 days in jail, or $1,000 fine, or both, If alcohol or drugs are reduced from plus attendance at treatment program involved, this conviction driving under the will act as a separate DUI influence (DUI) Probation not granted: 5 to 90 days in jail, or $145 to $1,000 fine, or both. conviction, if I commit a subsequent DUI offense within 10 years.

CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST Initials 19. 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. 34 for the offenses not listed in the charts). 20. 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 up to $1,000 unless the Court finds compelling and extraordinary reasons not to do so. 21. I understand that I if was under the age of 21 at the time of my arrest, my driver’s license will also be suspended for 1 year, and I must surrender my license to the Court. 22. I understand that if my blood-alcohol level was .15 percent or more, or if I refused to submit to a chemical test, the Court will consider this in determining whether to enhance the penalties, grant probation or impose additional terms of probation. 23 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 driving, someone is killed, I can be charged with murder.

DUI PLEA ADVISEMENT LOCAL CL28 (REVISED 07/01/2026)- OPTIONAL

CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST (CONTINUED) Initials 24. I understand that the Court may order my vehicle impounded at my expense for up to 30 days. The Court may also require me to install and maintain an ignition interlock device for up to three years. Installation of this device, which prevents the vehicle from starting if I have any alcohol in my body, does not authorize me to drive without a valid license. 25. I understand that the DMV will notify me that I am required to install an ignition interlock device in all vehicles that I own or operate, and it will issue a restricted license if I comply. 26. I understand that the DMV may suspend my driver’s license under a civil 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. 27. 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 occurred in any vehicle. 28. I understand that the DMV will revoke my driver’s license for a period of 4 years if I have a prior felony conviction in the past 10 years of Vehicle Code § 23152 or 23153 or Penal Code § 191.5(b) or 192(c)(1), or any conviction within 10 years of Penal Code § 191.5(a) or 192.5(a). 29. 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. 30. I understand that the DMV will not restore my driving privilege following a driver’s license suspension unless I provide the DMV with proof of insurance for 3 years. 31. I understand that the DMV may consider any of my other convictions for DUI or reckless driving even those that are not charged in this proceeding and may impose a more severe driver’s license suspension or revocation as a result. 32. I understand that if I am not a citizen, a plea of guilty or no contest (nolo contendere) could result in my deportation, exclusion from admission to this country or denial of naturalization. 33. I understand that a plea of no contest will have exactly the same effect in this case as a plea of guilty but it cannot be used against me in a civil lawsuit. 34. I understand that any plea entered in this case may be grounds for revoking probation or parole which has previously been granted to me in any other case. 35. I understand that if I am placed on probation, it is unlawful to drive with a blood-alcohol level of .01 percent or greater and my license will be suspended by the DMV for up to one year if I do so.

PENALTIES FOR OTHER CHARGES Initials 36. If applicable – I understand that the possible consequences for the offense(s) charged, which are not listed on the penalty charges on page 2, include the following: • Section number _____________________ o Minimum jail ____________________ Maximum jail_________________ o Minimum fine____________________ Maximum fine________________ o Other consequences________________________________________________ • Section number _____________________ o Minimum jail ____________________ Maximum jail_________________ o Minimum fine____________________ Maximum fine________________ o Other consequences________________________________________________ • Section number _____________________ o Minimum jail ____________________ Maximum jail_________________ o Minimum fine____________________ Maximum fine________________ o Other consequences________________________________________________

DUI PLEA ADVISEMENT LOCAL CL28 (REVISED 07/01/2026)- OPTIONAL

PLEA(S) Initials

37. I hereby freely and voluntary plead GUILTY or NO CONTEST to the following charges:

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38. I understand that I have the right to a delay of from 6 hours to 5 days prior to being sentenced. I give up this right and agree to be sentenced at this time.

39. If applicable – I understand that I have the right to enter my plea before, and to be sentenced by, a judge. I give up this right and agree to enter my plea before and to be sentenced

    by:__________________________________________________________________________ (Temporary Judge’s Name)

Date:_____________ Defendant’s signature:___________________________________________________SIGN

ATTORNEY’S STATEMENT

I am the attorney of record for the defendant. I have reviewed the form and any addenda with my client. I have explained each of the defendant’s rights to the defendant and answered all of the defendant’s questions with regard to this plea. I have also discussed the facts of the defendant’s case with the defendant, and explained the consequences of this plea, the elements of the offense(s), and the possible defenses. I concur in this plea and in the defendant’s decision to waive his or her constitutional rights.

Date:_____________ Attorney’s signature:___________________________________________________SIGN

INTERPRETER’S STATEMENT (if applicable)

I, having been sworn or having a written oath on file, certify that I truly translated this form to the defendant in the language indicated below. The defendant stated that they understood the contents of the form and then they initialed and signed the form. Language_____________________________________________________________

Date:______ Interpreter’s signature:_____SIGN printed name:

COURT FINDINGS AND ORDER

The Court, having reviewed this form and any addenda and having questioned the defendant concerning the defendant’s constitutional rights, finds that the defendant has expressly, knowingly, understandingly and intelligently waived their constitutional rights. The Court finds that the defendant’s plea is freely and voluntarily made with an understanding of the nature and consequences thereof, and that there is a factual basis for the plea. The Court accepts the defendant’s plea and orders this form filed and incorporated in the docket by reference as though fully set forth therein.

Dated: ___________________ _______________________________________________________ Judge of the Superior Court

DUI PLEA ADVISEMENT LOCAL CL28 (REVISED 07/01/2026)- OPTIONAL