In California a DUI charge is a misdemeanor offense meaning every person charged has a right to a jury trial. If a defendant wishes to accept a plea bargain he or she must give up this right and other important Constitutional rights in order to enter a guilty or no contest plea and resolve the case.
In Los Angeles specifically the Court uses a standardized DUI Waiver of Rights and Plea form for first offense, second and third offense driving under the influence misdemeanor non-injury cases. It’s typically a blue colored pre-printed form entitled “DUI Without Injuries, Waiver of Rights and Plea Form”.
Prior to accepting a plea and resolution the Court and the DUI Attorney must be sure the defendant understands their constitutional rights and agrees to waive them or give them up so as to end the case. Among the most important rights are that of a jury trial, the right to confront and cross examine all witnesses, the right to produce evidence and testify on their own behalf and the right to subpoena witnesses to compel them to come to court in the defense of one’s case.
The way a Judge ensures the person is aware of these rights is to have them initial and sign a plea and waiver of rights form. In most Courts the judge will use a standard waiver form. This waiver form in Los Angeles is available to view here
