Officers already cite people for DUI based on the person's performance on field sobriety test even when they blow less than 0.08. Might as well make the BAC value lower, than it will be more black and white and not left to some officer's opinion.
About 25 yrs ago or so, my roomate had gotten pulled over for speeding after leaving the bar. He failed a field sobriety test in the opinion of the rookie cop. He took him in and he blew 0.07 (and this was back when the legal limit was 0.10) but still got the DUI charge. He ended up paying a bunch of money for a lawyer and getting the ticket reduced to just speeding but that cost him a lot of money.
I was drinking with him at the bar and left right before him. I sure didn't think he was impaired at the time. Seems like it is left up to the interpretation of the officer anyway no matter what value BAC you have. Ever since then, I've always wished they could just do away with field sobriety tests and simply go by BAC level (and if they want to lower it a little bit more, so be it).
