Sonoma — Vehicle Code Section 23152 - Addendum Form - Pages 1 and 2

Source: https://sonoma.courts.ca.gov/system/files/cr-003.pdf

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA For Court Use Only

Plaintiff: PEOPLE OF THE STATE OF CALIFORNIA

Defendant:

Date of Birth:

Case Number(s) Department
ADDENDUM TO MISDEMEANOR ADVISEMENT –
DUI OFFENSE (Vehicle Code section 23152)
BAC: Breath Blood
INSTRUCTIONS

Initial the box for each applicable item only if you understand it, and sign and date the form on page #2. If you have questions about your case, the possible sentences, or the information on this form, ask your attorney or the judge. Be aware the judge may not give you legal advice.

As the defendant in the above entitled case, I personally declare the following:

1. My name and date of birth as listed above are complete, true, and correct.

2. I understand that being under the influence of alcohol or drugs, or both, impairs my ability to safely operate a motor vehicle, and 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.

3. I understand that if the Court grants me probation, it must be for a period not less than 36 months

4. I understand the Court must impose a fine, and that in addition to the fine, the Court will add assessments which will significantly increase the amount I pay. I will also be ordered to make any restitution and to pay a restitution fine of $100.00 to $1000.00 unless the Court finds compelling and extraordinary reasons not to do so.

5. I understand that the Department of Motor Vehicles (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 license suspension or revocation as a result.

6. I understand the Court may require me to install an ignition interlock device (IID) 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.

7. I understand that if I am the registered owner of the vehicle used in the offense, the Court may impound my vehicle at my expense for up to 90 days. The Court may also declare my vehicle to be a nuisance and order it sold if I have two or more DUI convictions, or vehicular manslaughter convictions, or any combination thereof in the past seven years. I further understand that if I am convicted of a second or subsequent violation of driving with a suspended or revoked license (V.C. §14601 et seq.) or driving without a license (V.C. §12500(a)), my vehicle will be subject to forfeiture as a nuisance.

8. I understand that the DMV may suspend or revoke 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.

9. I understand that if I am convicted of a first or second offense, and the Court determines that I would present a traffic safety or public safety risk if I am authorized to drive during the license suspension or revocation period, I will be unable to obtain a restricted driver‘s license from the DMV, which would allow me to drive to, from, and during the course of employment, and to and from the Drinking Driver Program.

10. I understand the DMV will not restore my driving privilege following my driver‘s license suspension or revocation unless I provide the DMV with proof of insurance, commonly referred to as SR22, for three years.

11. I understand that proof of my successful completion of a Drinking Driver Program must be received by DMV in order for my driving privilege to be fully reinstated, even if I am not ordered to attend such a program by the Court.

    VEHICLE CODE SECTION 23152 - ADDENDUM FORM Page 1 of 2

12. I understand that the DMV may impose restrictions, suspensions and/or revocations not delineated in this plea form and that I am obligated to follow the restrictions, suspensions, and or revocations imposed by the DMV.

    13. I understand that a DUI is a two point offense on my driving record.

    14. I understand that if I am convicted of a third or subsequent DUI violation: I will be designated as an habitual traffic offender for three years after my conviction, and I will receive an enhanced sentence if I drive in violation of my license revocation.

    15. IF APPLICABLE. I understand that if I was under the age of 21 at the time of my arrest my license will be suspended for one year. If I do not have a driver‘s license and am under 21 at the time of my arrest, the Court will order the DMV to delay issuing a license to me for one year after I become eligible to drive.

    16. IF APPLICABLE. I understand that if I am convicted of a third or subsequent DUI violation and probation is granted, I may request to participate in a 30-month treatment program if one is available. This program includes between 120 and 300 hours of community service. If the Court grants my request, I will be sentenced to county jail for at least 30 days but not more than 1 year as a condition of probation, instead of the jail term specified in the chart below.

SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (Section 23152) Offense Minimum and Maximum Sentences when Probation Minimum and Maximum Sentences without Probation is Granted ( 3 to 5 Years Probation Term) First offense The Court may order me to serve between 48 hours to 6 months in jail. 96 hours to 6 months in jail, and awithin 10 years It will impose a fine of $390.00 to $1,000.00 and order me to complete a 3- $390.00 to $1,000.00 fine. The DMV month alcohol/drug treatment program (or a 9-month program if my blood- will impose a 6-month driver’s license alcohol content was .20 percent or more, or if I refused a chemical test upon my suspension. arrest). The DMV will impose a 6-month driver's license suspension, or a 10- month suspension if a 9-month treatment program is required.

Second A jail term of either: (a) 10 days to 1 year, or (b) 96-hours to 1 year, 90 days to 1 year in jail, and a offense a $390.00 to $1,000.00 fine, and completion of an 18-month (or 30-month) $390.00 to $1,000.00 fine. The DMV within 10 years alcohol/drug treatment program. The DMV will impose a 2-year driver's license will impose a 2-year driver's license suspension. suspension. Third offense 120 days to 1 year in jail, a $390.00 to $1,000.00 fine, and completion of an 18- 120 days to 1 year in jail, and a within 10 years month alcohol/drug program if I have not completed one before. The DMV will $390.00 to $1,000.00 fine. The DMV impose a 3-year driver's license revocation. will impose a 3-year driver's license revocation. Fourth or 16 months, or 2 or 3 years in state subsequent 180 days to 1 year in jail, a $390.00 to $1,000.00 fine, and completion of an 18- prison, (or 180 days to 1 year in offense month alcohol/drug program if I have not completed one before. The DMV will county jail); and a $390.00 to within 10 years impose a 4-year driver's license revocation. $1,000.00 fine. The DMV will impose a 4-year driver’s license revocation.

17. I have read and understand the applicable chart above, which lists the minimum and maximum penalties for the offense(s) for which I am charged. I further understand that if I am convicted of a subsequent offense, I

am subject to the increased penalties referenced in the chart above. I further understand that if I am convicted of a DUI causing injury in the future, I am subject to increased penalties including but not limited to a mandatory felony conviction if I have two prior DUI convictions in the last ten years.

I declare that the initials that appear above are my own and that I have read this form in its entirety
and understand each statement that ISIGNhave initialed.

Date: Signature:

Certificate of Interpreter I declare that I translated the entire contents of this form and on any addendums from English to _____ in the presence of and directly to the defendant in this case and that the defendant wrote on this document in my presence. SIGN

Date: Signature:

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