Marin — CR204

Source: https://www.marin.courts.ca.gov/system/files/forms-and-filing/cr204-dui-advisement-rights-waiver-and-plea-form-1-26_0.pdf

Superior Court of the State of California County of Marin 3501 Civic Center Dr PO Box 4988 San Rafael, CA 94913-4988 People of the State of California vs.

DUI ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM Case Number(s): (VEHICLE CODE §§ 23103, 23152 & 23153) INSTRUCTIONS • Fill out this form only if you wish to plead guilty or no contest to the charges against you. • Read this form carefully. Initial the applicable boxes only if you understand and agree with what you read. • Sign and date the form on page 4 where “Defendant’s Signature” is indicated (two places). • 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 Initial

1. 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. 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. Initial the correct box below: (a). My attorney is present, and I have discussed the charges and possible defenses with my attorney. (b). I give up my right to an attorney, and I choose to represent myself. (Does not apply if you have an attorney) (c). 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,, enhancements, special allegations, and/or aggravating factors. I have previously discussed the charges and possible defenses with my attorney. I waive my right to be personally present when sentence is imposed. I waive my right to personally address the court in mitigation of any sentence which might be imposed. My attorney is further authorized and directed to waive time for sentencing, and to receive the sentence, including probation, on my behalf and in my absence. CONSTITUTIONAL RIGHTS/WAIVER OF RIGHTS Initial
3. Right to a Speedy Jury Trial – I understand that I have the right to a speedy public jury trial on the charge(s) filed against me and on any alleged prior conviction(s). I further understand I have the right to a trial by jury of twelve persons, all of whom must agree to a verdict beyond a reasonable doubt before I may be found guilty. I give up these rights. 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. If applicable, I give up this right.
4. 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 favorable to me, at no cost to me. I give up this right.
5. Right to Confront and Cross-examine Witnesses – I understand that I have the right to confront and cross- examine all witnesses testifying against me. I give up these rights.
6. Right against Self-Incrimination and To Testify – I understand that I have 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. I give up my right to remain silent and not incriminate myself.

CR204 (Rev. 01/2026) DUI ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM Page 1 of 10 (VEHICLE CODE §§23103, 23152 & 23153)

CONSEQUENCES OF GUILTY PLEA Initial 7. 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] 8. Citizenship – If you are not a citizen of the United States, you are hereby advised that 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. [PC § 1016.5] 9. Fees and Restitution – I understand that, in addition to the fines indicated on the above penalty charts, the Court will add assessments that will significantly increase the amount I must pay. In addition, I understand that I will be ordered to pay restitution to the victim and a restitution fine, and probation revocation fine, and potentially a parole revocation fine, each of which is not less than $100 up to $1000 (for a misdemeanor) or not less than $300 up to $10,000 (for a felony). Restitution imposed will be enforceable as a civil judgment. [PC § 1202.4] 10. Probation/Parole Revocation – I understand that my plea of guilty may be grounds for revoking probation, parole, mandatory supervision, or post-release community supervision, previously imposed on me in any other case. 11. 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 penalty charts above. 12. Penalties for violation of sections 14601, 14601.1, 14601.2, or 14601.5: I understand that if I am convicted of a violation of Vehicle Code section 14601.2, or if the charge was for a violation of that section but I am pleading to section 14601, 14601.1, or 14601.5, the Court will order me to install an ignition interlock device (IID) on any vehicle that I own or operate 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 driver’s license. 13. No measurable amount of alcohol while driving: I understand that if I am placed on probation after a conviction for violating VC §§ 23152 or 23153, it is unlawful for me to drive with any measurable amount of alcohol in my blood and my license may be suspended by the DMV for one year if the test result is .01 percent or greater. 14. Right to appeal - I understand that I have a right to appeal from any judgment of this court. I waive my right of appeal and my right to attack the final judgment by any statutory or non-statutory means, except as to any sentencing error the court may make. 15. I understand that my plea of GUILTY or NO CONTEST may be used as evidence against me with respect to any forfeiture of any property that may be seized in connection with the investigation giving rise to these charges against me. 16. I have not taken any drugs or consumed any alcoholic beverages within 24 hours prior to entering this plea, except_________________, which does not in any way affect my ability to understand the waivers I have given or my knowing and voluntary decision to plead GUILTY or NO CONTEST. I am not impaired at this time by any drug or alcoholic beverage. 17. I understand that the matter of probation and sentence is to be determined solely by the court. The court is not bound by this plea agreement. If the court does not agree with any of the promises or representations stated above, I understand that I will be allowed to withdraw my GUILTY or NO CONTEST plea and proceed to preliminary hearing, if not yet held and applicable, and/or trial. 18. Harvey waiver - I understand and agree that the sentencing judge may consider facts and circumstances underlying the counts dismissed with a Harvey waiver in determining the appropriate sentence (including the amount and recipients of restitution) for the counts to which I am entering a plea. CONSEQUENCES FOR FELONY DUI GUILTY PLEAS Initial 19. I understand that the term of imprisonment described in the charts above must be served in the state prison, county jail or a combination of county jail plus mandatory supervision by the probation department, as required by law. 20. I understand that if I am sentenced to imprisonment in the county jail pursuant to Penal Code Section 1170(h), the court may suspend a portion of that imprisonment and require me to serve it on mandatory supervision by the probation department under terms imposed by the court. If I receive such a split sentence and violate the terms of the mandatory supervision, I may be ordered to serve the balance of the suspended term of imprisonment in custody

CR204 (Rev. 01/2026) DUI ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM Page 2 of 10 (VEHICLE CODE §§23103, 23152 & 23153)

CONSEQUENCES FOR FELONY DUI GUILTY PLEAS (Cont’d) Initial 21. I understand that if I am granted probation, as conditions of probation I may be required to serve up to ________ in the county jail plus any other reasonable conditions the court deems appropriate. I understand that if I violate any condition of probation, I may be sentenced up to the maximum term of imprisonment plus fines described in the charts above. 22. I understand that I may not be granted probation unless the court finds this to be an unusual case in which the interests of justice would best be served by a grant of probation. 23. I understand that if I am sentenced to a term of imprisonment in the state prison, upon release I will be subject to a period of either post release community supervision for up to 3 years (if I am eligible), or state parole for up to _____ years. If I violate the terms of any post release community supervision, or parole, I may be returned to custody as provided by law. 24. I understand I have the right to a preliminary hearing. I waive this right. 25. I understand that my constitutional rights to (1) a preliminary hearing, (2) a speedy, public, jury trial, (3) not make any statements that tend to incriminate me, (4) testify on my own behalf if I so choose, (5) produce, and use the court’s subpoena power to compel the attendance of, witnesses and evidence on my behalf, and (6) confront my accuser(s) and confront and cross-examine any witnesses against me, apply also to any enhancements and special allegations set forth in the Complaint or Information. I also waive these rights with respect to any enhancements or special allegations.

I am the defendant in this case and I freely and voluntarily enter a plea of guilty or no contest to the charges I have initialed below. NATURE OF THE CHARGE(S) Initial 26. VC23152(a) Driving a vehicle while under the influence of any alcoholic beverage to the degree that my ability to drive was impaired 27. VC23152(b) Driving a vehicle while there was 0.08 % or more of alcohol in my blood 28. VC23152(c) Driving while addicted to the use of a drug 29. VC23152(d) Driving a commercial vehicle with a .04 percent or higher alcohol content 30. VC23152(e) Driving a vehicle with a .04 percent or higher alcohol content when a passenger for hire is a passenger at the time of the offense 31. VC23152(f) Driving under the influence of any drug to the degree that ability to drive was impaired 32. VC23152(g) Driving a vehicle under the combined influence of alcohol and drugs 33. VC23153(a) Driving a vehicle while under the influence of any alcoholic beverage to the degree that my ability to drive was impaired and causing injury to another 34. VC23153(b) Driving a vehicle while there was 0.08 % or more of alcohol in my blood and causing injury to another 35. VC23153(d) Driving a commercial vehicle with a .04 percent or higher alcohol content and causing injury to another 36. VC23153(e) Driving with a .04 percent or higher alcohol content when a passenger for hire is a passenger at the time of the offense and causing injury to another 37. VC23153(f) Driving under the influence of any drug to the degree that ability to drive was impaired and causing injury to another 38. VC23153(g) Driving a vehicle under the combined influence of any alcoholic beverage and drug and causing injury to another 39. VC23103, 23103.5 Reckless driving involving alcohol, drugs or both 40. VC14601 VC14601.1 VC14601.2 VC14601.4 VC14601.5 Driving in knowing violation of a driver’s license restriction, suspension, or revocation 41. 14601.3 (Habitual traffic offender) – Accumulating a driving record history in knowing violation of a driver’s license suspension or revocation 42. I also freely and voluntarily enter a guilty plea or no contest plea to the following additional offenses(s) and/or admit the following probation violations, and I understand these pleas and/or admissions may increase the penalties imposed on me: _____________________________________________________________________ ___________________________________________________________________________________

CR204 (Rev. 01/2026) DUI ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM Page 3 of 10 (VEHICLE CODE §§23103, 23152 & 23153)

In addition, I admit the special allegation(s) and/or prior conviction(s) I have initialed below.

ALLEGATION(S)/PRIOR(S) Initial

43. I refused a chemical test in this case.

44. The prior conviction(s), indicated below, as alleged in the complaint is/are true. Date:__________ County and Case number: _________________________________________________

    Date:__________ County and Case number: _________________________________________________

    Date:__________ County and Case number: _________________________________________________

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

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

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

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

49. 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 and recklessly at the time of the offense.

50. Other special allegations: ______________________________________________________________________

    SENTENCING RIGHTS – INITIAL IF APPLICABLE Initial

51. Right to Sentencing Time – I understand I have the right to a 6-hour to 5-day delay before sentencing for a misdemeanor, and the right to a delay of no more than 20 court days for a felony. I give up any applicable time limitations regarding my sentencing.

52. Arbuckle Waiver – I understand I have the right to be sentenced by the same judge who took the plea, if my case is continued for sentencing. I give up this right and agree to be sentenced by a different judge than the one who took my plea.

53. Right to be Sentenced by a Superior Court Judge – I understand I have 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)

There have been no promises to me of rewards, immunity, probation, or anything else to induce my plea of guilty and admission of prior convictions or probation violations other than those promises listed below:

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DEFENDANT’S DECLARATION I declare under penalty of perjury I have read (or have read to me) and fully understand this form and all the rights set forth above. I have initialed each of the items that applies to my case. By putting my initials next to the items in this form, I am indicating that I understand and agree with what is stated in each item I have initialed. If I have an attorney, I have discussed each item with my attorney. The nature of the charge(s), possible defense(s), and the effects of any prior conviction(s), enhancement(s), and special allegation(s), have been explained to me.

I freely and voluntarily waive (give up) all rights set forth above. I have read and understand the charges and special allegations made against me. I have read pages 6 – 10 and understand the sentences, penalties, and consequences of a conviction, outlined for those offenses. I freely and voluntarily enter this plea with these sentences, penalties, consequences in mind.

My decision to plead guilty, and to admit any special allegation(s) and/or allegations of any prior conviction(s) and/or any probation violations, has been made freely and voluntarily, without threat to or coercion of me or anyone closely related to or associated with me. If I will be on supervised probation, I shall notify the Probation Department within 48 hours of any change of my mailing or residence address or telephone number.

Date:_____________ Defendant’s signature:________________________________________________________________

Defendant’s address: ______________________________________________________________________________________

Defendant’s Driver’s License: _______________________________________________________________________________

CR204 (Rev. 01/2026) DUI ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM Page 4 of 10 (VEHICLE CODE §§23103, 23152 & 23153)

ATTORNEY ACKNOWLEDGEMENT I certify that I have explained all the above-mentioned rights to the above-named defendant and have answered all 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 the defendant has knowingly and intelligently waived all of the rights enumerated above and has a full understanding of the nature and the consequences of the charge(s).

Date: __________ Attorney’s signature:_______________________________________________________

DISTRICT ATTORNEY’S STATEMENT

The People of the State of California, Plaintiff in the above-entitled action, by and through its attorney, the Marin County District Attorney, concur in the defendant's plea of GUILTY as set forth by the defendant in the above declaration. The People stipulate there is a factual basis for the plea(s) [and admission(s)].

Date: __________ Attorney’s signature:_______________________________________________________

INTERPRETER’S STATEMENT (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 they understood the contents of this form, and then the defendant initialed and signed the form.

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

Date: ______ Interpreter’s signature: ____________________________ printed name:___________________________

COURT 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 their 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 their constitutional rights, the nature of the crime(s) and special allegations
charged, the consequences of this plea; and
3) 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, 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.

Date: _________ _________________________________________________________________________ Judge of the Superior Court/Temporary Judge of the Superior Court

CR204 (Rev. 01/2026) DUI ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM Page 5 of 10 (VEHICLE CODE §§23103, 23152 & 23153)

SENTENCE AND PENALTIES FOR GUILTY OR NO CONTEST PLEA 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.

SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS (VC § 23152) Offense Minimum and Maximum Sentences when Probation Minimum and Maximum Sentences without is Granted (3 to 5 Years Probation Term, VC § Probation 23600) First Offense Fine of $390 to $1,000 plus penalty assessments AND Fine of $390 to $1,000 plus penalty assessments AND attendance at a 3-month alcohol/drug program (9- 96 hours (48 hours of which must be served month program if blood-alcohol content was 0.20 continuously) to 6 months in jail AND a 6-month percent or more or chemical test was refused) AND driver’s license suspension. court may impose a jail sanction of at least 48 hours, Note that a restricted license may be available under VC but not more than 6 months, in jail AND a 6-month § 13352.5 if not a traffic or public safety risk. driver’s license suspension (10-month suspension if a 9-month program is ordered). Note that a restricted license may be available under VC § 13352.4. [VC §§ 13352(a)(1), 13352.1(a), 13352.4, 23538] [VC § 23536] Second Fine of $390 to $1,000 plus penalty assessments AND Fine of $390 to $1,000 plus penalty assessments AND 90 Offense an 18- or 30-month alcohol/drug program AND a 2- days to 1 year in jail AND a 2-year driver’s license within 10 year driver’s license suspension restored only after suspension AND mandatory Ignition Interlock Device years of successful completion of alcohol/drug program, AND (IID) AND 48 hours in continuous custody or 10 days another mandatory Ignition Interlock Device (IID), AND 48 community service pursuant to VC 23580. conviction for hours in continuous custody or 10 days community VC §§ 23103 service pursuant to VC 23580, PLUS EITHER: under Note that a restricted license may be available under VC 10 days to 1 year in jail OR23103.5, § 13352.5 if not a traffic or public safety risk. 23152, or 96 hours to 1 year in jail (the 96 hours served in two23153 increments of 48-continuous hours each). An IID-restricted license may be available under VC § An IID-restricted license may be available under VC § 13352(a)(3) except for a VC § 23152(f) conviction and 13352(a)(3) except for a VC § 23152(f) conviction and unless the Court excludes eligibility based on a traffic or unless the Court excludes eligibility based on a traffic or public safety risk determination. public safety risk determination. [VC §§ 13352(a)(3), 23542] [VC §§ 13352(a)(3), VC § 23540] Third Fine of $390 to $1,000 plus penalty assessments AND Fine of $390 to $1,000 plus penalty assessments AND Offense 120 days to 1 year in jail AND an 18- or 30-month 120 days to 1 year in jail AND a 3-year driver’s license within 10 alcohol/drug program (30 days to 1 year in jail if a 30- revocation AND designation as a “habitual traffic years of other month program is ordered) AND a 3-year driver’s offender” for 3 years with enhanced sentence for driving convictions license revocation restored only after successful while license revoked, AND mandatory Ignition for VC §§ completion of alcohol/drug program AND designation Interlock Device (IID), AND 48 hours in continuous 23103 under as a “habitual traffic offender” for 3 years with custody or 10 days community service pursuant to VC 23103.5, enhanced sentence for driving while license revoked, 23580. 23152, or AND mandatory Ignition Interlock Device (IID), AND 23153 48 hours in continuous custody or 10 days community service pursuant to VC 23580.

An IID-restricted license may be available under VC § An IID-restricted license may be available under VC §
13352(a)(5) except for a VC § 23152(f) conviction and 13352(a)(5) except for a VC § 23152(f) conviction and
unless the Court excludes eligibility based on a traffic unless the Court excludes eligibility based on a traffic or
or public safety risk determination.. public safety risk determination
[VC §§ 14601.3, 23546, 23548] [VC §§ 1352(a)(5), 14601.3, 23546]

CR204 (Rev. 01/2026) DUI ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM Page 6 of 10 (VEHICLE CODE §§23103, 23152 & 23153)

SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS (Cont’d) (VC § 23152) Offense Minimum and Maximum Sentences when Probation Minimum and Maximum Sentences without is Granted (3 to 5 Years Probation Term, VC § Probation 23600) Fourth or Fine of $390 to $1,000 plus penalty assessments AND Fine of $390 to $1,000 plus penalty assessments AND Subsequent 180 days to 1 year in jail AND an 18- or 30 month 16 months, 2 years, or 3 years in prison (felony) or 180 Offense alcohol/drug program (30 days to 1 year in jail if a 30- days to 1 year in jail (misdemeanor) AND a 4-year within 10 month treatment program is ordered) AND a 4-year driver’s license revocation AND designation as a years of other driver’s license revocation restored only after successful “habitual traffic offender” for 3 years with enhanced convictions completion of alcohol/drug program AND designation sentence for driving while license revoked AND for VC §§ as a “habitual traffic offender” for 3 years with mandatory Ignition Interlock Device (IID), AND 48 23103under enhanced sentence for driving while license revoked hours in continuous custody or 10 days community 23103.5, AND mandatory Ignition Interlock Device (IID), AND service pursuant to VC 23580. 23152, or 48 hours in continuous custody or 10 days community 23153 service pursuant to VC 23580.

An IID-restricted license may be available under VC §
13352(a)(7) except for VC § 23152(f) conviction or
court ordered exclusion.

[VC §§ 14601.3, 23550, 23552] [VC §§ 14601.3, 23550]
SENTENCES FOR DUI WITH INJURY
(VC § 23153)
Offense Minimum and Maximum Sentences when Probation Minimum and Maximum Sentences without
is Granted (3 to 5 Years Probation Term, VC § Probation
23600)

First Offense Fine of $390 to $1,000 plus penalty assessments AND Fine of $390 to $1,000 plus penalty assessments AND attendance at a 3-month alcohol/drug program (9- 90 days to 1 year in county jail (misdemeanor) or 16 month program if blood-alcohol content was 0.20 months or 2 or 3 years in state prison (felony) PLUS an percent or more or chemical test was refused) AND 5 additional 1-year term for each additional injured days to 1 year in jail AND a 1-year driver’s license victim (felony) AND a 1-year driver’s license suspension. suspension.

An IID-restricted license may be available under VC § 13352(a)(2) except for VC § 23152(f) conviction or court ordered exclusion

[VC §§ 13352(a)(2), 23556] [VC §§ 13352(a)(2), 23554, 23558] Second 3-year driver’s license suspension restored only after Fine of $390 to $5,000 plus penalty assessments AND Offense successful completion of alcohol/drug program PLUS 120 days to 1 year in county jail (misdemeanor) or 16 within 10 EITHER: months or 2 or 3 years in state prison (felony) PLUS an years of Fine of $390 to $5,000 plus penalty assessments AND additional 1-year term for each additional injured another 120 days to 1 year in jail OR victim (felony) AND a 3-year driver’s license conviction for Fine of $390 to $1,000 plus penalty assessments AND suspension AND 48 hours in continuous custody or 10 VC §§ 23103 30 days to 1 year in jail AND attendance at an 18- or days community service pursuant to VC 23580. under 30-month alcohol/drug program AND 48 hours in 23103.5, continuous custody or 10 days community service 23152, or pursuant to VC 23580. 23153 An IID-restricted license may be available under VC § 13352(a)(4) except for VC § 23152(f) conviction or court ordered exclusion.

[VC §§ 13352(a)(4), 23562] [VC §§ 13352(a)(4), 23558, 23560]

CR204 (Rev. 01/2026) DUI ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM Page 7 of 10 (VEHICLE CODE §§23103, 23152 & 23153)

SENTENCES FOR DUI WITH INJURY (Cont’d) (VC § 23153) Offense Minimum and Maximum Sentences when Probation Minimum and Maximum Sentences without is Granted (3 to 5 Years Probation Term, VC § Probation 23600) Third or Fine of $390 to $5,000 plus penalty assessments AND Fine of $1,015 to $5,000 plus penalty assessments Subsequent 1 year in jail (or at least 30 days if 30-day program is AND a 5-year driver’s license revocation AND Offense ordered) AND an 18- or 30-month alcohol/drug designation as a “habitual traffic offender” for 3 years within 10 program (30 days to 1 year in jail if a 30-month with enhanced sentence for driving while license years of other program is ordered) AND a 5-year driver’s license revoked AND 2, 3, or 4 years in state prison PLUS an convictions revocation restored only after successful completion of additional 1-year term for each additional injured for VC §§ alcohol/drug program AND 48 hours in continuous victim PLUS an additional 3-year term if great bodily 23103 custody or 10 days community service pursuant to VC injury. under 23103.5, 23580. 23152, or 23153 An IID-restricted license may be available under VC § 13352(a)(6) except for VC § 23152(f) conviction or court ordered exclusion.

[VC §§ 13352(a)(6), 23568] [VC §§ 23558, 23566]
SENTENCES FOR DUI WITH PRIOR FELONY CONVICTION
(VC §§ 23152, 23153)
Offense Minimum and Maximum Sentences when Probation Minimum and Maximum Sentences without
is Granted (3 to 5 Years Probation Term) Probation

Second Same penalty as in above tables PLUS 4-year driver’s Same penalty as in above tables PLUS 4-year driver’s Offense license revocation AND designation as a “habitual license revocation AND designation as a “habitual traffic within 10 traffic offender” for 3 years with enhanced sentence offender” for 3 years with enhanced sentence for driving years of for driving while license revoked. while license revoked. felony conviction for An IID-restricted license may be available under VC § VC §§ 23152 13352(a)(6) or (7) except for VC § 23152(f) conviction or 23153 or or court ordered exclusion. PC §§ 191.5, 192(d)(1), or 192(c)(3) [VC §§ 13352(a)(6)-(7), 23550.5] [VC § 23550.5] Third or Same penalty as in above tables PLUS 5-year driver’s Same penalty as in above tables PLUS 5-year driver’s Subsequent license revocation AND designation as a “habitual license revocation AND designation as a “habitual traffic Offense traffic offender” for 3 years with enhanced sentence offender” for 3 years with enhanced sentence for driving within 10 for driving while license revoked. while license revoked. years of felony conviction for or 23153 or PC §§ 191.5, 192(d)(1), or 192(c)(3) [VC § 23550.5] [VC § 23550.5]

CR204 (Rev. 01/2026) DUI ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM Page 8 of 10 (VEHICLE CODE §§23103, 23152 & 23153)

ADDITIONAL PENALTIES FOR DUI (VC §§ 23152, 23153) Category Conditions Penalty Chemical Test First offense within ten years. Additional 48 continuous hours in jail AND a 1-year Refusal [VC §§ 23577(a)(2), 23612(a)(1)(D)(i)] driver’s license suspension.

Second offense within ten years. Additional 96 continuous hours in jail AND a 2-year

*Not applicable to [VC §§ 23577(a)(3), 23612(a)(1)(D)(ii)] driver’s license suspension. blood-only refusals Third offense within ten years. Additional 10 days in jail. [VC § 23577(a)(4)] Fourth offense within ten years. Additional 18 days in jail. [VC § 23577(a)(5)] Excessive Speed Exceeding posted speed limit on freeway by 30 Additional term of 60 days in jail. For first offense, [VC § 23582] mph or other street or highway by 20 mph must complete alcohol/drug program even if no AND reckless driving. probation. Under Age 21 Licensed at time of offense. 1-year driver’s license suspension. Delay issuance of [VC § 23502] license for 1 year. Minor Passenger Passenger under age 14 in vehicle at time of Additional 10 days in jail. [VC § 23572] offense. 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 1 to 3 year revocation of commercial license. Vehicle, complete a chemical test. Commercial [VC § 15300] Driving Privilege Lifetime revocation of commercial license. Second DUI conviction or willful refusal to complete a chemical test. [VC § 15302] Ignition Interlock Blood alcohol of 0.15% or more OR two or Device more prior traffic violations OR chemical test [VC § 23575] refusal OR violation of VC § 14601.2. VC § 23152 Court may order IID for 1 to 3 years on first offense and shall order it on second or more offenses VC § 23153 IID mandatory for 1 to 5 years VC § 14601.2 IID mandatory for 1 day to 3 years

[VC § 23575 and VC § 23573.3]

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 Vehicle may be declared nuisance and ordered sold. within 10 years. [VC § 23596] Prior Alcohol- DUI conviction more than 10 years ago or PC § Complete alcohol/drug problem assessment and enroll in Related Conviction 647(f) conviction. treatment program if recommended and court ordered. [VC § 23646(b)(3)] Other Enhanced Blood alcohol level exceeding 0.15% OR Court may consider in deciding whether to grant Penalties chemical test refusal. probation and in deciding whether to impose enhanced [VC § 23578] penalties or additional terms and conditions of probation. DMV Licensing DMV suspension, revocation, or restriction of DMV may impose greater restrictions than court based [VC § 13352] license. on uncharged prior convictions.

DMV issuance of restricted license or restoration Requires proof of insurance and successful completion of
of driving privilege. alcohol/drug program even if not ordered by court.

CR204 (Rev. 01/2026) DUI ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM Page 9 of 10 (VEHICLE CODE §§23103, 23152 & 23153)

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 Conviction will act as a separate DUI conviction if reduced from driving granted: up to $1,000 fine plus subsequent DUI offense committed within 10 years. under the influence penalty assessments OR [VC § 23103.5] both AND attendance at a treatment program.

If Probation not 5 to 90 days in jail OR
granted: $145 to $1,000 fine plus
penalty assessments OR
both.
SENTENCES FOR DRIVING WHILE LICENSE SUSPENDED, REVOKED, OR RESTRICTED

Vehicle First Offense Second or Subsequent Offenses Code 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 10 days to 1 year in jail AND $500 to $2,000 fine plus plus penalty assessments PLUS must install ignition penalty assessments PLUS must install ignition interlock interlock device if plea agreement for charge of VC device if plea agreement for charge of VC § 14601.2. § 14601.2. 14601.1 Up to 6 months in jail OR $300 to $1,000 fine 5 days to 1 year in jail AND $500 to $2,000 file plus plus penalty assessments OR both PLUS must penalty assessments PLUS must install ignition interlock install ignition interlock device if plea device if plea agreement for charge of VC § 14601.2. agreement for charge of VC § 14601.2. 14601.2 & 10 days to 6 months in jail AND $300 to 30 days to 1 year in jail AND $500 to $2,000 fine plus 14601.4 $1,000 fine plus penalty assessments PLUS penalty assessments PLUS must install ignition interlock must install ignition interlock device. device. Habitual Traffic Offender: Additional 180 days in Habitual Traffic Offender: Additional 180 days in jail jail AND $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 10 days to 1 year in jail AND $500 to $2,000 fine PLUS plus penalty assessments OR both PLUS must must install ignition interlock device if plea agreement for install ignition interlock device if plea charge of VC § 14601.2. agreement for 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 Second offense within 7 years: 180 days in jail AND assessments. $2,000 fine plus penalty assessments.

Habitual Traffic Offender: 180 days in jail AND Habitual Traffic Offender: 180 days in jail AND $2,000
$2,000 fine. fine.

Other Impound vehicle for up to 6 months. Impound vehicle for up to 1 year. Consequences [VC § 14602.5]

Vehicle may be declared nuisance and ordered sold.
[VC § 14602.5] [VC § 14602.7]

CR204 (Rev. 01/2026) DUI ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM Page 10 of 10 (VEHICLE CODE §§23103, 23152 & 23153)