Santa Cruz — SUPCR-1106

Source: https://www.santacruz.courts.ca.gov/system/files/forms-and-filings/websupcr-1106-dui-advisement-vc-23153.pdf

SUPCR 1106 ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY NAME: ADDRESS: CITY, STATE, ZIP:

TELEPHONE NO: FAX NO. (Optional): EMAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ 701 Ocean Street, Room 120 Santa Cruz, CA 95060 Santa Cruz Branch versus DEFENDANT: CASE NUMBER: DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (Vehicle Code § 23153)

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 5. 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 be represented by an attorney throughout the proceedings. I understand that th

e Court will appoint a free attorney for me if I cannot afford to hire one, but at the end ofthe case, I may be asked to
pay all or par t of the cos t of tha t att orney, if I c an aff ord to. I u nd erstand tha t ther e are dang ers and dis
advantages to giving up my right to an attorney, and that it is almost always unwise to repr esent myself. 1.

NATURE OF THE CHARGES (Initial all items you are charged with.) I understand that I am charged with a violation of Vehicle Code section(s): 2. 23153(a) - Driving under the influence of alcohol or drugs, or both, and when driving, committing an act forbidden by law or neglecting a duty imposed by law, which causes injury to another person. 2. 3. 23153(b) - Driving wh en my blood-alcohol level was .08 perc ent or higher, and when driving, committing an act for bidden by law or neglecting a duty imposed by law, which causes injury to anot her person. 3. 4. 23153(d) - Driving a commercial vehicle when my blood-alcohol level was .04 percent or higher, and when driving, committing an act forbidden by law or neglecting a duty imposed by law, which causes injury to another person. 4. 5. Check if applicable - 14601 or 14601.1 or 14601.2 or 14601.5 Driving in knowing violation of a driver’s license restriction, suspension, or revocation. 5. 6. Check if applicable - 14601.3 (Habitual traffic offender) - Accumulating a driving record history in knowing violation of a driver’s license suspension or revocation. 6. 7. If applicable - I understand that I am also charged with the following other offense(s):

TYPE OF OFFENSE(S) AND SECTION NUMBER(S) 7.

Form Adopted for OPTIONAL USE DUI ADVISEMENT OF RIGHTS, WAIVER Page 1 of 6 Superior Court of Santa Cruz County AND PLEA FORM Vehicle Code § 23153SUPCR 1106 02/04/26

PEOPLE OF THE STATE OF CALIFORNIA vs. CASE NUMBER: DEFENDANT:

8. If applicable - I am also charged with having the following other conviction(s): INITIALS

   LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) 8.

9. If applicable – I am also charged with violating the probation order(s) in the following case(s):

   CASE NUMBER(S) AND DATE(S) 9.

10. I understand the charge(s) against me, and the possible pleas and defenses. 10.

CONSTITUTIONAL RIGHTS 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. 11. 12. RIGHT TO CONFRONT WITNESSES - I understand that I have the right to confront and cross-examine all witnesses testifying against me. 12. 13. RIGHT AGAINST SELF-INCRIMINATION

14. 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. 14.

RIGHTS ON CHARGES OF OTHER CONVICTION(S) AND PROBATION VIOLATION(S) 15. I understand that I have the right to an attorney, the right to a jury trial, the right to confront witnesses, the right against self-incrimination, and the right to produce evidence and witnesses for all of the charges against me, including other alleged conviction(s) or probation violation(s). However, for a charge of violating probation, I do not have the right to a jury trial, although I do have the right to a hearing before a judge. 15.

WAIVER OF RIGHTS Understanding all of the above, for all of the charges against me, including any other alleged conviction(s) or probation violation(s): 16. I give up my right to an attorney, and I choose to represent myself. (Does not apply if you have an attorney.) 16. 17. I give up my right to a jury trial. 17. 18. I give up my right to confront and cross-examine witnesses. 18 19. I give up my right to remain silent and to not incriminate myself. 19. 20. I give up my right to produce evidence and witnesses on my own behalf. 20.

CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST 21. If 21.

22. I understand that a plea of no contest will have the same effect in this 22.

23. I understand that any plea entered in this case may be grounds for revoking probation or parole which has previously 23. been granted to me in any other case.

Form Adopted for OPTIONAL USE DUI ADVISEMENT OF RIGHTS, WAIVER Page 2 of 6 Superior Court of Santa Cruz County AND PLEA FORM Vehicle Code § 23153SUPCR 1106 02/04/26

PEOPLE OF THE STATE OF CALIFORNIA vs. CASE NUMBER: DEFENDANT:

CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST (Continued) INITIALS 24.I u nderstand t hat i n a ddition t o t he f ine i ndicated o n t he p enalty c harts o n p ages 3 an d 4, the

25. 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 imp ose a more severe driver’s license suspension or revocation as a result. 25.

26. 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. 26.

27. I understand that if I am the registered owner of the vehicle used in the offense: A. The Court 27A. B. The Court may also 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. 27B. C. The Court may declare my vehicleto be a nuisance and order it sold following a hearing if I have one or more o ther convictions for driving under the influence (DUI), vehicular manslaughter (Penal Code § 191.5 or 192.5(a)), or any combination thereof, in the past 7 years. 27C. D. 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. 27D.

    SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (Section 23153)

Offense Minimum and Maximum Sentences when Probation Minimum and Maximum is Granted (3 to 5 Years Probation Term) Sentences without Probation First offense wi 5 days to 1 year in county jail, a $390 to $1,000 fine, and 16 months or 2 or 3 years in state prison (or 90 thin 10 years S completion of a 3-month alcohol/drug program (or a 9-month days to 1 year in county jail), and a $390 to ee Nos. 28 -35. program if my blood-alcohol content was .20 percent or more, $1,000 fine. The DMV will also impose a 1- or if I refused a chemical test at arrest). The DMV will also year driver's license suspension. impose a 1-year driver’s license suspension. Second offense Either: (A) at least 120 days in county jail, and a $390 to 16 months or 2 or 3 years in state prison (or within 10 years $5,000 fine; or (B) 30 days to 1 year in county jail, a $390 to 120 days to 1 year in county jail), and a $390 (other conviction of $1,000 fine, and completion of an 18-month alcohol/drug to $5,000 fine. The DMV will also impose a 3- section 23152, 23153, program. Note - Under either option, the DMV will also year driver’s license revocation. or 23103 under impose a 3-year driver's license revocation. 23103.5) See Nos. 28-35 Third or subsequent 2, 3, or 4 years in state prison, and a $1,015 to offense within 10 30 days to at least 1 year in county jail, a $390 to $5,000 fine, $5,000 fine. The DMV will impose a 5-year years completion of an 18-month alcohol/drug program, and driver's license revocation. (An additional 3 (other convictions of restitution or reparation to the victim as required by law. The years in state prison will be ordered if I already section 23152, 23153, DMV will also impose a 5-year driver’s license revocation. have 4 or more DUI convictions and the or 23103 under offense caused great bodily injury to another 23103.5) person.) See Nos. 28-36.

Form Adopted for OPTIONAL USE DUI ADVISEMENT OF RIGHTS, WAIVER Page 3 of 6 Superior Court of Santa Cruz County AND PLEA FORM Vehicle Code § 23153SUPCR 1106 02/04/26

PEOPLE OF THE STATE OF CALIFORNIA vs. CASE NUMBER: DEFENDANT: ADDITIONAL PENALTIES FOR A VIOLATION OF SECTION 23153 INITIALS 28. I understand that if my alleged offense also caused bodily injury or death to more than 1 victim, upon a felony conviction, my sentence will be enhanced by 1 year in state prison for each additional victim, up to a maximum of 3 additional years. 28. 29. 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. 29. 30. I understand that the DMV will revoke my driver’s license for 4 years if I have a prior felony conviction in the past 10 years of Vehicle Code § 23152 or 23153 or Penal Code § 192(c)(1), or any conviction within 10 years of Penal Code § 191.5(a), 191.5(b), or 192.5(a). 30. 31. I understand that the DMV will prohibit me from operating a commercial vehicle for one year if I am convicted of a first DUI offense or willful refusal to submit to or complete a chemical test to determine my blood-alcohol level which occurred in any vehicle. The DMV will prohibit me from operating a commercial vehicle ever again if I am convicted of a second or subsequent DUI offense or willful refusal to submit to or complete a chemical test in any vehicle. 31. 32. I understand that 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 for 3 years. 32. 33. 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, and that I must surrender my license to the Court. 33. 34. I understand that if I am placed on probation, it is unlawful to drive with a blood-alcohol level of .01 percent or higher and that my license will be suspended by the DMV for up to one year if I do so. 34. 35. I understand that if my blood-alcohol level was .15 percent or above, 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. 35. 36. If applicable - I understand that if I am convicted of a third or subsequent DUI violation, I will be designated as an habitual traffic offender for 3 years after my conviction, and I will receive an enhanced sentence if I drive in violation of my license revocation. 36.

SENTENCES FOR DRIVING IN VIOLATION OF A LICENSE SUSPENSION, REVOCATION, OR RESTRICTION

Vehicle Code First Offense Second or Subsequent Offense: Section I have one or more prior convictions in the past 5 years of either sections 14601, 14601.1, 14601.2, or 14601.5. 14601 5 days to 6 months in jail, and a fine of $300 to $1,000. 10 days to 1 year in jail, and a fine of $500 to $2,000. 10 days in jail required if probation is imposed. 14601.1 Up to 6 months in jail, or a fine of $300 to $1,000, or 5 days to 1 year in jail, and a fine of $500 to $2,000. both. 14601.2 10 days to 6 months in jail, and a fine of $300 to $1,000. 30 days to 1 year in jail, and a fine of $500 to $2,000. 10 days in jail required if probation is imposed. 30 days in jail required if probation is imposed.

If I have been designated as a habitual traffic offender within 3 years of this conviction, in addition to the penalties above, I will also be sentenced to serve 180 days in jail and to pay a $2,000 fine.

14601.5 Up to 6 months in10 days to 1 year in jail, and a fine of $500 to $2,000. Note - Section 14601.3 also constitutes a prior conviction for this offense.

Form Adopted for OPTIONAL USE DUI ADVISEMENT OF RIGHTS, WAIVER Page 4 of 6 Superior Court of Santa Cruz County AND PLEA FORM Vehicle Code § 23153SUPCR 1106 02/04/26

PEOPLE OF THE STATE OF CALIFORNIA vs. CASE NUMBER: DEFENDANT: Vehicle Code First Offense Second or Subsequent Offense: Section Prior conviction(s) in past 7 years of section 14601.3.

14601.3 30 days in jail, and a fine of $1,000. 180 days in jail, and a fine of $2,000.

ADDITIONAL PENALTY FOR A VIOLATION OF SECTION 14601, 14601.1, 14601.2 and 14601.5 INITIALS 37. If applicable - I understand that if I am convicted of a violation of Vehicle Code § 14601.2, or if the original charge was f or a violation of that section but I am pleading to section 14601, 14601.1 or 14601.5, the Court will order me to i nstall an ignition interlock device (ID) on any vehicle that I own or operate for up to three years. Installation of this dev ice, which prevents the vehicle from starting if I have alcohol in my body, does not authorize me to drive without a val id driver's license. Failure to install the IID shall result in the suspension of my driver's license by the DMV. 37.

38. I have read and understood the applicable charts on pages3 and 4, which list the minimum and maximum penalties for the offense(s) I am charged with. (See No. 39 fo r the offenses not listed in the charts.) 38.
39. If applicable - I understand that the possible consequences for the offense(s) charged, which are not listed on the penalty charts on pages 3 and 4, include the following:

•
SECTION NUMBER JAIL - MIN. MAX. FINE - MIN. MAX.

OTHER CONSEQUENCES :

•
SECTION NUMBER JAIL - MIN. MAX. FINE - MIN. MAX.

OTHER CONSEQUENCES :

•
SECTION NUMBER JAIL - MIN. MAX. FINE - MIN. MAX.

OTHER CONSEQUENCES :

•
SECTION NUMBER JAIL - MIN. MAX. FINE - MIN. MAX.

OTHER CONSEQUENCES : 39. PLEA(S) 40. I hereby freely and voluntarily plead to the following: GUILTY OR NO CONTEST 40. LIST CHARGE(S) 41. Ifapplicable - I freely and voluntarily admit the other conviction(s) that I listed on this form. I understand that this admission will increase the penalties which are imposed on me. 41. 42. If applicable - I freely and voluntarily admit the probation violation(s) that I listed on this form and give up my right to a hearing before a judge regarding the probation violation(s). 42.

Form Adopted for OPTIONAL USE DUI ADVISEMENT OF RIGHTS, WAIVER Page 5 of 6 Superior Court of Santa Cruz County AND PLEA FORM Vehicle Code § 23153SUPCR 1106 02/04/26

PEOPLE OF THE STATE OF CALIFORNIA vs. CASE NUMBER: DEFENDANT: 43. I understand that I have the right to a delay of from 6 hours to 5 days prior to being sentenced for a misdemeanor, and the right to a delay of up to 20 days for a felony. I give up this right and agree to be sentenced at this time. 43. 44. If applicable

TEMPORARY JUDGE’S NAME

** DEFENDANT’S SIGNATURE: SIGN DATE:

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 their constitutional rights.

SIGN

SIGNATURE OF DEFENDANT’S ATTORNEY DATE

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 they understood the contents of the form, and then initialed and signed the form. Language: Spanish Other (specify):

SIGN

COURT INTERPRETER’S SIGNATURE TYPE OR PRINT NAME DATE

COURT’S FINDINGS AND ORDER

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

SIGN

Judge of the Superior Court DATE
Temporary Judge of the Superior Court

Form Adopted for OPTIONAL USE DUI ADVISEMENT OF RIGHTS, WAIVER Page 6 of 6 Superior Court of Santa Cruz County AND PLEA FORM Vehicle Code § 23153SUPCR 1106 02/04/26