.08 BAC

Sounds like breathalyzer testing not actually reflecting true BAC is the problem more than the limit. That is the problem with all the numbers being thrown around here.... are they actual BAC's, or breathalyzer readings. What is the Difference Between a Breathalyzer and Blood BAC Test?
Exactly correct! A breathalyzer is just a field tool to know if someone is close or over the limit. The bac test they do at the jail is what the courts go by. At least in va. If you refuse a breathalyzer it's an automatic DUI.