DUI or not?

[Kghost]

I live in california and i am unsure if i have a DUI or just a 1 year suspension on my liscense.

I was parked in front of a gas station when a cop pulled up on the side of me and turned on his lights. My friend had gone to the trunk to get beers(stupid) and put them in my car. The officer had us step outside and began to search. Eventually the two officers gave me a sobriety test and breathaliser, and i ran a .041.
After a long 1.5 hours outside, he handed me a pink sheet that said my driving would be suspended for 1 year. I did not get arrested or taken to jail. He let me and my friend walk away.

My question is, did i get a DUI? Or did he just suspend my liscense?
DO you get a certain ticket when getting a DUI?
Thanks.

[CourtClerk]

Did you get a traffic ticket also?

When did this happen?

Have you had to or do you have to go to court?

Have you called or gone to the DMV and asked them about the status of your license (the obvious thing to do)?

[CdwJava]

Originally Posted by Kghost

I live in california and i am unsure if i have a DUI or just a 1 year suspension on my liscense.

That WOULD be a cunundrum.

My question is, did i get a DUI? Or did he just suspend my liscense?
DO you get a certain ticket when getting a DUI?
Thanks.

I assume you are under 21?

When did this happen?

If there was no citation issued, I suspect that this was an older under-21 driving offense per CVC 23136. It used to be that this offense ONLY permitted administrative sanctions. It has recently been made into a criminal offense, but many officers may not yet realize that.

- Carl

[garrula lingua]

And, you're under 21 years old, correct ?

[CdwJava]

Jinx!

- Carl

[Kghost]

I am 18 years old, with no prior DUI or arrest. This happend on the 23rd of December.
I only received a Per Se ticket saying my liscense was suspended for 1 year.
There is no written court date on the ticket.
Any ideas?

[CdwJava]

Originally Posted by Kghost

I am 18 years old, with no prior DUI or arrest.

The under 21 part is relevant, the first time is not all that relevant unless charged with CVC 23152(a) or (b) (in which case you might be able to plead to 23103.5 - a wet reckless.

But, since it seems they did not pop you for DUI I doubt that is an issue.

I only received a Per Se ticket saying my liscense was suspended for 1 year.
There is no written court date on the ticket.
Any ideas?

It's "Admin per se". Read the back for any instructions about a hearing and such.

- Carl

[garrula lingua]

I'm not fast enough, Carl. You can beat me to the answer with your hands tied in back (nor am I half as nice as you). That was cool.

[CdwJava]

Originally Posted by garrula lingua

I'm not fast enough, Carl. You can beat me to the answer with your hands tied in back (nor am I half as nice as you). That was cool.

It was all those years as a prosecutor - it jaded you!

Plus, I'm staring at the computer waiting for the clock to tick "11:00" so I can go on my days off! (Some of us are not retired yet! )

- Carl