Yeah, in this case it wasn’t a blood test but a breathalyzer test, and the major concern was the time between arrest and testing—she might have been sobering up

Yeah, in this case it wasn’t a blood test but a breathalyzer test, and the major concern was the time between arrest and testing—she might have been sobering up or she might have been absorbing the last drink and she was a few minutes from home. There was no evidence presented that would allow us to know. 0.08 might be too high a limit for sure, I hardly ever drink myself, but that’s the legal limit in Texas.