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DUI Advisement Of Rights Waiver And Plea Form (First Offense Only) PRU-100 - California

DUI Advisement Of Rights Waiver And Plea Form (First Offense Only) Form. This is a California form and can be used in Criminal Yolo Local County .
 Fillable pdf Last Modified 8/20/2014
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Reserved for Clerk's File Stamp SUPERIOR COURT OF CALIFORNIA COUNTY: COUNTY OF YOLO PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT: DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (First Offense Only - Vehicle Code ยง 23152) INSTRUCTIONS CASE NUMBER: DEPARTMENT: 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 4. 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 1. I understand that I have the right to be represented by an attorney throughout the proceedings. I understand that the Court will appoint a free attorney for me if I cannot afford to hire one, but at the end of the case, I may be asked to pay all or part of the cost of that attorney, if I can afford to. 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. I give up my right to an attorney, and I choose to represent myself. (Does not apply if you have an attorney.) . . . . . . . . . . . . . . . . . . . . . . NATURE OF THE CHARGES (Complete all items you are charged with.) I understand that I am charged with a violation of Vehicle Code section(s): 3. 23152(a) - Driving under the influence of alcohol or drugs, or both. . ........... 3. 4. 5. 6. INITIALS 1. 2. 4. 23152(b) - Driving when my blood-alcohol level was .08 percent or higher. . . . . . . . . . 5. 23152(d) - Driving a commercial vehicle when my blood-alcohol level was .04 percent or higher. . 6. 23103, 23103.5 - Reckless driving involving alcohol or drugs, or both. . .......... . 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. 8. I understand the charge(s) against me, and the possible pleas and defenses. . . . . . . . . CONSTITUTIONAL RIGHTS/WAIVER OF RIGHTS 9. 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. . . . . . . . . . . . . . . . . . . . 10. I give up my right to a jury trial. . . . . . . . . . . . . . . . . . . . . . . . . . . 11. RIGHT TO CONFRONT WITNESSES - I understand that I have the right to confront and crossexamine all witnesses testifying against me. . . . . . . . . . . . . . . . . . . . . . 12. I give up my right to confront and cross-examine witnesses. . . . . . . . . . . . . . . . 76A298M 8. 9. 10. 11. 12. PRU-100 (Rev. 4-2012) Continued on reverse Page 1 of 4 American LegalNet, Inc. www.FormsWorkFlow.com CONSTITUTIONAL RIGHTS/WAIVER OF RIGHTS (Continued) 13. RIGHT AGAINST SELF-INCRIMINATION - I understand that I have 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, I am incriminating myself. . . . . . . . . . . . . . . . . . . . . . . 14. I give up my right to remain silent and to not incriminate myself. . . . . . . . . . . . . . 15. 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16. I give up my right to produce evidence and witnesses on my own behalf. . . . . . . . . . . INITIALS 13. 14. 15. 16. SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (Section 23152) Offense First offense within 10 years Second offense within 10 years Minimum and Maximum Sentences when Probation is Granted ( 3 to 5 Years Probation Term) The Court may order me to serve between 48 hours to 6 months in jail. It will impose a fine of $390 to $1,000 and order me to complete a 3-month alcohol/drug treatment program (or a 9-month program if my blood-alcohol content was .20 percent or more, or if I refused a chemical test upon my arrest). The DMV will also impose a 6-month driver's license suspension, or a 10-month suspension if a 9-month program is required. A jail term of either: (a) 10 days to 1 year, or (b) 96-hours to 1 year, a $390 to $1,000 fine, and completion of an 18-month (or 30-month) alcohol/drug treatment program. The DMV will also impose a 2-year driver's license suspension. Minimum and Maximum Sentences without Probation 96 hours to 6 months in jail, and a $390 to $1,000 fine. The DMV will also impose a 6month driver's license suspension. 90 days to 1 year in jail, and a $390 to $1,000 fine. The DMV will also impose a 2-year driver's license suspension. SENTENCES FOR RECKLESS DRIVING (Sections 23103, 23103.5) Offense Reckless driving reduced from driving under the influence (DUI) Minimum and Maximum Sentences A maximum of 90 days in jail, or $1,000 fine, or both, plus attendance at treatment program. If probation is not granted: 5 days to 90 days in jail, or $145 to $1,000 fine, or both. If probation is granted: Other Consequences If alcohol or drugs are involved, this conviction will act as a separate DUI conviction if I commit a subsequent DUI offense within 10 years. CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST 17. I have read and understood the above charts which list the minimum and maximum penalties for the offense(s) I am charged with. (See item No. 32 for the offenses not listed in the charts.) . . 18. I understand that in addition to the fine, the Court will add assessments which will significantly increase the amount I must pay. I will also be ordered to make restitution and to pay a restitution fine of $140 to $1,000. . 19. If applicable - I understand that if I was under the age of 21 at the time of my arrest, my driver's license will also be suspended for 1 year, and I must surrender my license to the Court. If I do not have a valid driver's license, the Court will order the Department of Motor Vehicles (DMV) to delay issuing a license to me for 1 year after I become eligible to drive. . . . . . . . . . . . . . 20. I understand that being under the influence of alcohol or drugs, or both, impairs my ability to safely operate a motor veh
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