Plea Bargaining DUI Cases in Kern County

In Kern County, as in the entire state of CA, A person who is charged with misdemeanor DUI under Vehicle Code 23152 may enter into a plea bargain with the prosecution to instead plead guilty or no contest to a charge under Veh C §23103 of reckless driving without causing bodily injury. Veh C §23103.5(a). The prosecution must state for the record a factual basis for the satisfaction or substitution, including facts showing whether the defendant had consumed any alcoholic beverage or ingested or administered any drug, or both, in connection with the case. Veh C §23103.5(a). If the statement indicates that the defendant did so consume, ingest, or administer, the guilty or nocontest plea will be treated as a prior offense in future DUI prosecutions of the defendant, and the court must advise the defendant of that fact before accepting the defendant’s plea. Veh C §23103.5(b), (c). If the District Attorney in Kern County does not make such a statement at the time of the defendant’s plea and the defendant does not object to the omission and is expressly advised that the guilty plea may be used as a prior offense in a subsequent prosecution to enhance the sentence, the wet reckless driving conviction can be asserted as a prior.

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