DUI Addendum (Print On Canary-Colored Paper) {CRM-133}

DEFENDANT'S NAME: CASE NUMBER SUPERIOR COURT OF SAN DIEGO COUNTY DUI ADDENDUM INSTRUCTIONS: Use this addendum if you are pleading guilty/no contest to VC § 23153a/b, VC § 23152a/b, VC § 23103.5 I understand the possible punishment and consequences of my conviction of the offense to be: NOTE: ALL FINES SHOWN BELOW WILL BE SIGNIFICANTLY INCREASED BY MANDATORY PENALTY ASSESSMENTS. SENTENCE FOR DUI CONVICTION WITHIN 10 YEARS OF PRIOR (VC 23550.5) PRIOR OFFENSE SENTENCE A prior violation of VC § 23152 that was punished as a Up to 3 years state prison or not more than one year county jail and $390 to $1,000 fine. The DMV will issue a 4-year license revocation. However, if my offense is a violation of felony under VC § 23550 or § 23550.5, or both; or A prior violation of VC § 23153 that was punished as a VC § 23153 and I have two other DUI-related convictions within 10 years, my license will be revoked for 5 years. If I have violated VC § 23152, I will be designated as a habitual felony; or A prior violation of PC § 192(c)(1) that was punished as traffic offender for 3 years. I must successfully complete an alcohol/drug program in order to have my driver license a felony. Any prior violation of PC §§ 191.5(a) or 192.5(a), or a reinstated by the DMV, even though I am not ordered to attend such a program by the felony violation of PC § 191.5(b) (10 year limit not court. applicable). SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (INJURY) (VC 23153) MINIMUM AND MAXIMUM SENTENCES WHEN MINIMUM AND MAXIMUM SENTENCES WITHOUT OFFENSE PROBATION IS GRANTED PROBATION (3 TO 5 YEARS PROBATION TERM) 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 days to 1 completion of a 3-month alcohol/drug program (or a 9- year in county jail), and a $390 to $1,000 fine. The DMV First offense within 10 month program if my blood-alcohol content was .20 will also impose a 1-year driver license suspension. years percent or more, or if I refused a chemical test at arrest). The DMV will also impose a 1-year driver license suspension. Two options: Second offense within 10 (A) 120 days to 1 year in county jail; $390 to $5,000 16 months or 2 or 3 years in state prison (or 120 days to 1 fine; and DMV will impose a 3-year license year in county jail), and a $390 to $5,000 fine. The DMV years will also impose a 3-year driver license revocation. revocation; or (prior conviction of section(s) 23152, 23153, or (B) 30 days to 1 year in county jail; $390 to $1,000 fine; an 18-month or 30-month alcohol/drug program; 23103.5) and DMV will impose a 3-year license revocation. 30 days to at least 1 year in county jail; $390 to $5,000 2, 3, or 4 years in state prison; $1,015 to $5,000 fine; and Third or subsequent offense within 10 years fine; an 18-month or 30-month alcohol/drug program; the DMV will impose a 5-year license revocation. An restitution or reparation to the victim as required by law. additional 3 years in state prison if I already have four DUI (prior convictions of section(s) 23152, 23153, or The DMV will also impose a 5-year driver license convictions and the offense caused great bodily injury to any person other than the driver. revocation. 23103.5) NOTE: If I am convicted of violating VC § 23153 and the offense also caused bodily injury or death to more than one victim, upon a felony conviction, my sentence will be enhanced by 1 year in state prison for each additional victim. SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (VC 23152) MINIMUM AND MAXIMUM SENTENCES WHEN MINIMUM AND MAXIMUM SENTENCES WITHOUT OFFENSE PROBATION IS GRANTED PROBATION (3 TO 5 YEARS PROBATION TERM) The court may order me to serve between 48 hours to 6 96 hours to 6 months in jail, and a $390 to $1,000 fine. months in jail. It will impose a fine of $390 to $1,000 and The DMV will impose a 6-month driver license First offense within 10 order me to complete a 3-month alcohol/drug treatment suspension. years 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 impose a 6month driver license suspension. Second offense within 10 A jail term of either: (a) 10 days to 1 year, or (b) 96 hours 90 days to 1 year in jail, and a $390 to $1,000 fine. The to 1 year, a $390 to $1,000 fine, and completion of an 18- DMV will impose a 2-year license suspension. years month or 30-month alcohol/drug treatment program. The (prior conviction of section(s) 23152, 23153, or DMV will impose a 2-year driver license suspension. 23103.5) SDSC CRM-133 (Rev. 10/12) DUI ADDENDUM Page 1 of 4 American LegalNet, Inc. www.FormsWorkFlow.com DEFENDANT'S NAME: CASE NUMBER Third offense within 10 years (prior convictions of section(s) 23152, 23153, or 23103.5) Fourth or subsequent offense within 10 years (prior convictions of section(s) 23152, 23153, or 23103.5) 120 days to 1 year in jail, a $390 to $1,000 fine, and 120 days to 1 year in jail, and a $390 to $1,000 fine. The completion of an 18-month alcohol/drug program if I have DMV will impose a 3-year driver license revocation. not completed one before. The DMV will impose a 3-year driver license revocation. 180 days to 1 year in jail, a $390 to $1,000 fine, and 16 months, or 2 or 3 years imprisonment (or 180 days to completion of an 18-month alcohol/drug program if I have 1 year in county jail); and a $390 to $1,000 fine. The DMV not completed one before. The DMV will impose a 4-year will impose a 4-year driver license revocation. driver license revocation. OFFENSE Reckless driving reduced from driving under the influence SENTENCE FOR RECKLESS DRIVING (ALCOHOL AND/OR DRUGS) (VC 23103, 23103.5) MINIMUM AND MAXIMUM SENTENCES OTHER If probation is not granted, 5 days to 90 days in jail, or Because alcohol or drugs are involved, this conviction will $145 to $1,000 fine, or both. A drug/alcohol program is act as a separate conviction for driving under the influence (DUI) if I commit a subsequent DUI offense required if probation is granted. within 10 years. I understand: 1. 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 murde