Form Adopted For Mandatory Use

ddbb89a882195aa93fa74fda8b3f116b1a3a8afc

California Superior Local Rules

Form Adopted For Mandatory Use Superior Court of California County of Alameda ALA CR–002B [New January 1, 2011] MISDEMEANOR PLEA ATTACHMENT: DUI PENALTIES SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF ALAMEDA MISDEMEANOR PLEA ATTACHMENT: DUI PENALTIES PEOPLE v.: CASE NO.: INSTRUCTIONS: Read this form if you are pleading guilty or no contest to charges of driving under the influence. Si gn the form only if you fully understand it. If you have any questions about this form, ask your lawyer or the judge. Submit this form with the Misdemeanor Advisement of Rights, Waiver and Plea form. BASIC CONSEQUENCES FOR CONVICTION OF VEHICLE CODE SECT ION 23152 (

a) and (

b) Offense Sentence With No Probation Sentence With to Years Probation First DUI Offense within years Jail: 96 hours to months. Fine: $390 to $1,000 plus penalty assessments. DMV suspends license 6 - 10 months; surrender license to court. Jail: 48 hours (optional) to months. Fine: $390 to $1,000 plus penalty assessments. Probation revocation fine ($100 to $1,000) suspended. Mandatory completion of alcohol/drug program for minimum or months. DMV suspends license 6-10 months; surrender license to court. Second DUI Offense within years Jail: 90 days to months. Fine: $390 to $1,000 plus penalty assessments.

DMV suspends license months; surrender license to court. Jail: Either hours (in minimum 48 -hour blocks) o r days to months jail . Fine: $390 to $1,000 plus penalty assessments. Probation r evocation fine ($100 to $1,000) suspended. Mandatory completion of alcohol/drug program for minimum to months. DMV suspends license months; surrender license to court. Third DUI Offense within years Jail: 120 days to months. Fine: $390 to $1,000 plus penalty assessments. DMV revokes license months; surrender license to court. Declared a habitual traffic offender for months. Jail: 120 days to mont hs.

Fine: $390 to $1,000 plus penalty assessments. Probation revocation fine ($100 to $1,000) suspended. DMV revokes license months; surrender license to court. Declared a habitual traffic offender for months. Mandatory completion of alcohol/drug program for minimum to months (if not already completed). Fourth DUI Offense within years Prison (16, 24 or months) or jail (6 -12 months). Fine: $390 to $1,000 plus penalty assessments. DMV revokes license months; surrender license to Court. Declared a habitual traffic offender for months. Jail: 6 -12 months. Fine: $390 to $1,000 plus penalty assessments.

Probation Revocation fine ($100 to $1,000) suspended. DMV revokes license months; surrender license to Court. Optional alcohol/drug pro gram for minimum or months with jail term of days to months. Declared a h abitual traffic offender for months. BASIC CONSEQUENCES FOR CONVICTION OF VEHICLE CODE

SECTION 23153 (

a) and (

b) Offense Sentence With No Probation Sentence With to Years Probation First Offense within years Jail: 90 days to months. Fine: $390 to $1,000 plus penalty assessments. DMV suspends license months; surrender license to court. Jail: 5 days to months. Fine: $390 to $1,000 plus penalty assessments. Probation revocation fine ($100 to $1,000) suspended. Mandatory completion of minimum 3 - 9 month alcohol/drug program. DMV suspends license months; surrender license to Court. Second DUI Offense within years Prison (16, 24 or months) or jail (120 days to months). Fine: $390 to $5,000 plus penalty assessments.

DMV revokes license months; surrender license to court. Option A: Same jail term and fine as no probation, plus Probation revocation fine ($100 to $1,000) suspended. Option B: Ja il: 30 days to months. Fine: $390 to $1,000 plus penalty assessments. Probation revocation fine ($100 to $1,000) suspended. Mandatory completion of alcohol/drug program for minimum to months. DMV revokes license months; surrender license to court.

Form Adopted For Mandatory Use Superior Court of California County of Alameda ALA CR–002B [New January 1, 2011] MISDEMEANOR PLEA ATTACHMENT: DUI PENALTIES MISDEMEANOR PLEA ADDENDUM: DUI PENALTIES 1. Commercial Licenses: I understand that special provisions of the Vehicle Code apply if I held a commercial driver’s license when the offense was committed. 2.

Impound: I understand that if I am the registered owner of the vehicle used in this offense, the court may impound the vehicle at my own expense for up to days on my first conviction; unless good cause is otherwise shown, I understand that the court must impound the vehicle at my own expense for up to days if this is my second offense within years, and must impound the vehicle for up to days at my own expense if this is my third offense within years. (VC 23592) 3.

Vehicle Sale: I understand that the court may declare the vehicle I drove in comm itting this offense to be a nuisance and order that it be sold if I committed any of the following violations: Penal Code sections 191.5 or 192(c)(3); Vehicle Code

section that occurred within years of two or more separate offenses of Vehicle Code sections or or Penal Code sections 191.5 or 192(c)(3); Vehicle Code

section that occurred within years of one or more separate offenses of Vehicle Code sections or or Penal Code sections 191.5 or 192(c)(3). (VC 23596) 4. Ignition Interlock: I understand that the DMV will require that I install an ignition interlock device on any vehicle I own or operate for up to years, that such a device will prevent the vehicle from starting if I have alcohol in my body, and that I am respo nsible for the expense of properly maintaining that device. I also understand that installation of this device does not authorize me to drive without a valid license. (VC 237 00) 5.

If I Was Under 21 : I understand that if I was under at the time of my arres t, the DMV will suspend my license (or delay its issuance) for year, and I must surrender my license to the court. (VC 13202.5) 6. Refusal Or High Blood Alcohol : I understand that if my blood alcohol was .15 percent or above, or if I refused to submit to a chemical test, the court will consider this in determining whether to increase the penalties, grant probation, or impose additional terms of probation. (VC 23577, 23578) 7.

Passenger Under 14 : I understand that if I had a passenger under years of age at t he time I committed the offense the court must add continuous hours in jail to a first conviction for Vehicle Code

section 23152. I also understand that the court must add days jail if I have one prior conviction within years for violating Vehicle Code sections or 23153; 30 days jail for two prior convictions; and days jail for three prior convictions. (VC 23572) 8. Speeding: I understand that if I was driving recklessly or more miles per hour above the speed limit on a freeway (or or m ore miles per hour above the speed limit on any other street or highway) while committing a violation of Vehicle Code

section or 23153, the court will add days jail to my sentence. If this is my first offense, the court will require me to complete an alcohol/drug program even if I am not given probation. (VC 23582) 9. DMV Actions Separate: I understand that the DMV may restrict, suspend, or revoke my license, require completion of a drinking driver program and the installation of an ignition interlock device as a result of my arrest or conviction, even if the court does not require it. I understand that these actions are additional to and separate from actions taken by the court.

I understand that, if suspended or revoked, my driving privilege will not be restored unless I have provided proof satisfactory to the DMV that I have successfully completed the required drinking driver program and proof of financial responsibility. 10. DUI Danger: I understand that being under the influence of alcohol or drugs o r 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 that driving, someone is killed, I can be charged with murder. (VC 23593) I have read and I understand all of the information on these two pages. Date:  (SIGNATURE OF DEFENDANT)

Document details

Collection	California Superior Local Rules
Citation	ddbb89a882195aa93fa74fda8b3f116b1a3a8afc
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	ddbb89a882195aa93fa74fda8b3f116b1a3a8afc

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