Dui Underage California Questions...

[jbek]

What is the name of your state? California.

Hi,

This is a bit complicated but still simple my 21st birthday was on feb 13 2007 on feb 1st 2007 i was pulled over and asked to complete a field test which i did and passed. i was than asked to submit to a breath test and blew a .07. because i was not legally allowed to drink i was taken to the station where i blew a .06 and was than givin a pink paper stating something like "admin persay" or something along those lines... thats all that happened i was let go right after that and never set foot into a jail cell or signed anything. i went for a dmv hearing on march 1st and got a letter on apr 3rd stating my driving privilage was suspeneded from apr 7th 2007 till apr 8th 2008.

my question is this. why was i not givin a fine of anykind or ticket or court date??? my insurance agent stated that once my suspension was complete that i would have to supply her with information from the court that i completed whatever was asked... she also said that because my birthday was so close to the date of the dui and due to the fact i was under the legal limit of a 21 year old that because i was sentenced after my birthday that something doesnt make sense.

Please help and i am sorry for my poor writing skills.

[AlanShore]

Originally Posted by jbek

What is the name of your state? California.

Hi,

This is a bit complicated but still simple my 21st birthday was on feb 13 2007 on feb 1st 2007 i was pulled over and asked to complete a field test which i did and passed. i was than asked to submit to a breath test and blew a .07. because i was not legally allowed to drink i was taken to the station where i blew a .06 and was than givin a pink paper stating something like "admin persay" or something along those lines... thats all that happened i was let go right after that and never set foot into a jail cell or signed anything. i went for a dmv hearing on march 1st and got a letter on apr 3rd stating my driving privilage was suspeneded from apr 7th 2007 till apr 8th 2008.

my question is this. why was i not givin a fine of anykind or ticket or court date??? my insurance agent stated that once my suspension was complete that i would have to supply her with information from the court that i completed whatever was asked... she also said that because my birthday was so close to the date of the dui and due to the fact i was under the legal limit of a 21 year old that because i was sentenced after my birthday that something doesnt make sense.

Please help and i am sorry for my poor writing skills.

Go to school, study, and strop drinking, learn to write.

They dont need to give you anything, it was an "administrative action" meaning if you are caught driving under age 21 with any amount of alcohol in your blood its an automatic 1 year suspension.

[CdwJava]

Originally Posted by jbek

This is a bit complicated but still simple my 21st birthday was on feb 13 2007 on feb 1st 2007 i was pulled over

That makes you in violation of this state's zero tolerance laws for underage drinking and driving. Oops.

and asked to complete a field test which i did and passed.

WHAT makes you think you passed? Is that what the police report said? I doubt it. And since I doubt you know what the officer was looking for in the test, you likely are in no position to say you "passed".

i was than asked to submit to a breath test and blew a .07. because i was not legally allowed to drink i was taken to the station where i blew a .06 and was than givin a pink paper stating something like "admin persay" or something along those lines.

"Admin per se" ... essentially your license was seized and will be suspended in 30 days if you do not schedule a DMV hearing within 10 days of the stop and license seizure.

Were you cited for CVC 23140? Or for the administrative section of CVC 23136.

i went for a dmv hearing on march 1st and got a letter on apr 3rd stating my driving privilage was suspeneded from apr 7th 2007 till apr 8th 2008.

That's what happens.

my question is this. why was i not givin a fine of anykind or ticket or court date???

Probably because you were extremely lucky and you may have been handled by the administrative process under CVC 23136 which is non-criminal. I would have hit you for 23140 and probably 23152 ... you got real lucky.

she also said that because my birthday was so close to the date of the dui and due to the fact i was under the legal limit of a 21 year old that because i was sentenced after my birthday that something doesnt make sense.

Sure it does ... you were under 21 and you had alcohol in your system when you should have had zero.


- Carl

[BigMistakeFl]

You weren't sentenced. The only date that matters is when you were pulled for the DUI.

[jbek]

Can Anyone clarify what the non-criminal thing means??? what will happen to me? once i finish the suspension does that mean i will still have a dui on my record?

[CdwJava]

Originally Posted by jbek

Can Anyone clarify what the non-criminal thing means??? what will happen to me? once i finish the suspension does that mean i will still have a dui on my record?

If you were cited for 23136 then this is a non-criminal matter that is handled solely by the DMV - it is not a DUI. If a criminal court is not involved, then you do not have a DUI.

- Carl