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DUI Prior Conviction Bifurcated Trial

2126. Driving Under the Influence or With 0.08 Percent Blood Alcohol: Prior Convictions-Bifurcated Trial

The People have alleged that the defendant was previously convicted of (another/other) driving under the influence offense[s]. It has already been determined that the defendant is the person named in exhibits __________ <insert numbers or descriptions of exhibits>. You must decide whether the evidence proves that the defendant was convicted of the alleged crime[s].

The People allege that the defendant has been convicted of:

[1.] A violation of __________ <insert Veh. Code section violated>, on __________ <insert date of conviction>, in the <insert name of court>, in Case Number __________ <insert docket or case number>(;/.)

[AND <Repeat for each prior conviction alleged>.]

[In deciding whether the People have proved the allegation[s], consider only the evidence presented in this proceeding. Do not consider your verdict or any evidence from the earlier part of the trial.]

You may not return a finding that (the/any) alleged conviction has or has not been proved unless all 12 of you agree on that finding.

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