Form Adopted For Mandatory Use

2cb3457c45faf6eea3719f365b0a9387e32fffed

California Superior Local Rules

SECTION 23103 / 23103.5 Offense Sentence With No Probation Sentence With Up to 3 Years Probation VC as lesser offense to any DUI charge Jail: 5 to 90 days and/or a fine of $145 to $1 ,000 plus penalty assessments. Serves as prior DUI conviction for 10 years. Jail: up to 90 days and/or a fine of $145 to $1,000 plus penalty assessments. Probation revocation fine suspended. Attendance at alcohol/drug program required unless good cause shown. Serves as prior DUI conviction for 10 years. BASIC CONSEQUENCES FOR CONVICTION OF VEHICLE CODE

SECTION 23152 (

a) and (

b) Offense Sentence With No Probation Sentence With to 5 Years Probation Second DUI offense within 10 years Jail: 90 days to 12 months. Fine: $390 to $ 1,000 plus penalty assessments. DMV suspends license 24 months; surrender license to court. Jail: Either 96 hours (in minimum 48 -hour blocks) or 10 days, to 12 months jail. 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 30 months. DMV suspends license 24 months; surrender license to court. BASIC CONSEQUENCES FOR CONVICTION OF VEHICLE CODE

SECTION 23152 (

a) and (

b) Offense Sentence With No Probation Sentence With to 5 Years Probation Third DUI offense within 10 years Jail (120 days to 12 months). Fine: $390 to $ 1,000 plus penalty assessments. DMV revokes license 36 months; surrender license to court. Option A: Same jail term and fin e as no probation, plus Probation revocation fine ($100 to $1,000) suspended. Option B: Jail: 30 days to 12 months. 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 30 months.

DMV revokes license 36 months; surrender license to court. Form Adopted For Mandatory Use Superior Court of California County of Alameda ALA CR–002C [New January 1, 2011] MISDEMEANOR PLEA ATTACHMENT: VC 23103 / 23103.5 MISDEMEANOR PLEA ADDENDUM: VC 23103 / 23103.5 PROSECUTING ATTORNEY’S STATEMENT ON REDUCTION OF CHARGES The following facts show that the consumption of an alcoholic beverage and/or ingestion or administration of drugs was involved in the offense(

s) charged in this case: The reason(

s) for the reduction of the charges involved in this case are as follows: Problems of Proof Another Offense is More Properly Charged Interest of Justice The facts which lead to this conclusion are these: Date:  (SIGNATURE OF PROSECUTING ATTORNEY) 1. 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 restor ed unless I have provided proof satisfactory to the DMV that I have successfully completed the required drinking driver program and proof of financial responsibility. 2. DUI Danger: I understand that being under the influence of alcohol or drugs or both imp airs 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) 3. If I Was Under 21: I understand that if I was under at the time of my arrest, the DMV will suspend my license (or delay its issuance) for 1 year, and I must surrender my license to the court. (VC 13202.5) 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	2cb3457c45faf6eea3719f365b0a9387e32fffed
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	2cb3457c45faf6eea3719f365b0a9387e32fffed

Source file is stored in the law ingest library (pdf).