The Breathalyzer Myth: Why “0.08” Isn’t the End of the Story

If you have ever shared a glass of wine at dinner and then nervously watched flashing lights appear in your rear-view mirror, you’ve probably heard the mantra: “If you blow 0.08, you’re done.” Yet that single number is far less conclusive than most people and many police officers let on. In Indiana, 0.08 BAC creates a legal presumption of impairment, but it does not guarantee a conviction.

First, breath-testing machines carry a margin of error. A printout showing 0.08 could represent an actual BAC of 0.07, which is below the statutory limit. A skilled defense attorney will subpoena the calibration and maintenance logs, cross-examine the operator’s training, and introduce expert testimony to show that one-hundredth of a gram can mean the difference between guilt and innocence.

Challenging the stop itself can be equally powerful. An officer must cite a specific, articulable traffic violation or safety concern to justify pulling you over. A vague hunch does not survive a suppression hearing. Once the stop occurs, the state must document classic signs of impairment such as slurred speech, glassy eyes, unsteady gait to corroborate the breath figure. Absent that corroboration, juries routinely doubt that a borderline numerical reading equals real-world impairment.

Finally, don’t overlook post-arrest timing. Alcohol continues absorbing for up to ninety minutes after the last sip. If you blew 0.08 at the station forty-five minutes after driving, your BAC while behind the wheel could have been lower. With the right toxicologist, that retrograde extrapolation becomes reasonable doubt.

Still skeptical? Review your citation and you’ll notice the statute reads “0.08 or greater.” That single word means prosecutors must prove you exceeded, not merely touched, the threshold. When the science is uncertain, liberty wins - a reminder that hiring counsel is not an indulgence but a constitutional safeguard.

Need to speak with a lawyer? Contact Brinkley Law today at 317-766-1379.