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Case No._____________________________

Sentences for Driving Under the Influence of Alcohol and/or Drugs (Section 23152)

Offense Minimum and maximum sentences when Minimum and maximum probation is granted (3 to 5 year probation term) sentences without probation First offense Two options, both requiring attendance at an alcohol/drug program, a fine of $390 96 hours to 6 month in jail; $390 to within 10 years to $1,000, plus either: $1,000 fine, and a 6-month license (A) 48 hours to 6 months in jail; or suspension. (B) A 90-day license restriction allowing driving for work and alcohol/drug program only. Under either option, the Court may also suspend my license for 6 months. Second offense Two options, both carrying a fine of $390 to $1,000, plus either; 90 days to 1 year in jail, $390 to within 10 years (A) 10 days to 1 year in jail and an 18-month license suspension; or $1,000 fine, and an 18-month (B) 48 continuous hours to 1 year in jail. an 18-month or 30-month alcohol/drug license suspension. program, and a 1-year license restriction allowing driving for work and alcohol/drug program only. Sentences for Reckless Driving (§23103 under §23103.5) Nature of offense Minimum and maximum sentences Other Reckless driving If probation is not granted: 5 days to 90 days in jail, or If alcohol or drugs are involved, this conviction will act as a reduced from driving 45 to $1,000, or both. If probation is granted: a separate conviction for driving under the influence (DUI) if I under the influence maximum of 90 days in jail, or $1,000 fine, or both. commit a subsequent DUI offense within ten years.

ADDITIONAL PENALTIES FOR A VIOLATION OF §23152

29. I understand that the DMV may restrict, suspend, or revoke my license under an administrative procedure that is separate from this criminal action. If such a procedure used, the DMV may also require me to attend an alcohol/drug program before my license will be restored. I understand that the DMV’s action, if any, will be in addition to the Court’s sentence and that I must obey it.

30. I understand that the DMV may consider any of my prior convictions for driving under the influence or reckless driving that are not charged in this proceeding and impose a more severe license restriction, suspension, or revocation as a result of my uncharged conviction(s).

31. I understand that if it is alleged that I recklessly drove 30 or more miles above the speed limit on a freeway, or 20 or more miles above the limit on any other street or highway, the Court may impose an additional consecutive term of 60 days in the county jail. If this is my first offense, the Court may also order me to complete an alcohol/drug and counseling program.

    32. If applicable- I understand that if I was under the age of 21 at the time of my arrest, in addition to the penalties in the above chart, my driver’s license shall be suspended for one year and I must surrender my license to the Court. If I do not have a valid license at the time of my conviction, the Court shall order the DMV to delay issuing a license to me for one year after I become eligible to drive.

    FIRST OR SECOND VIOLATON OF §23152

    33. If applicable – I understand that if the offense occurred in a vehicle that requires a class 1 or class 2 (or Class A or Class B) driver’s license, my license shall be suspended for six months upon a first conviction, or for 18 months upon a second conviction, even if probation is granted.

THIRD OR SUBSEQUENT VIOLATIONS OF §23152

34. If applicable – I understand that if I am convicted of a third or subsequent violation of Vehicle Code §23152:

A. I must surrender my license to the Court. I will also be designated as a habitual traffic offender for a period
of three years after my conviction, and I will receive an enhanced jail term and fine if I drive in violation of my
license revocation.

B. I must successfully complete an alcohol/drug program in order to be eligible for a driver’s license following my
license revocation.

C. If probation is granted, I may request to participate in a 30-month treatment program. This program includes a total of
between 120 and 300 hours of community service. If the Court grants my request, I will be sentenced to the county
jail for at least 30 days but not more than one year as a condition of probation instead of the jail term specified in
the above chart.

See reverse side

Mandatory Use www.imperial.courts.ca.gov
CR-07 (Adopted 01/01/09,
Last Revised 01/01/24) ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM Page 3 of 5 Pages