Recently I received a DUI by the CHP. I was passing a car to make a highway on-ramp, and was clocked doing 48MPH on a 40MPH street. The arresting officer had me complete a variety of Field Sobriety Tests, but when given a handheld sobriety machine, the officer maintained that "I was not blowing hard enough," and at one point struck me in the gut to "help me to expell some air."
I was finally arrested, and I chose to have my blood tested at a local hospital. My booking sheet shows that i was arrested for DUI Alcohol D, but shows no BAC number, presumably because my blood test had not yet been completed. I am still unaware of what my BAC was that night.
I am 20 years old, and did in fact have 2-3 beers. Although they were hours before, I am confident that my BAC level will read above a .01. The DMV has informed me that because of a zero tolerance policy for people under the age of 21, I will not be eligible for a Restricted License.
On that note, is it even worth requesting a DMV hearing? Since no doubt my BAC will be over the legal limit, is there any way for this to not be considered a DUI?
Will the fact that the officer struck me play any role in all this?
Scouring the internet, I've seen conflicting answers to this dilemma. I am sorry for the slew of questions, but would be greatly appreciative if they could be answered.