No. Just because the breath or blood sample is alleged to be .08 or above, does not mean you are automatically guilty of a DWI.
The state is required to prove their case beyond a reasonable doubt. Therefore, the state must prove that the test result in your case is accurate and reliable beyond a reasonable doubt.
Hiring an experienced DWI attorney is important to help explain to a jury the multitude of problems commonly seen in breath and blood results. It is important that your attorney has a deep understanding of the instruments the police agency uses in breath test cases, as well as the science of gas chromatography and lab’s standard operating procedures in blood test cases.
When your attorney can accurately explain these complex sciences in simple terms, juries often do not feel the state can prove the breath test or blood test was accurate or reliable beyond a reasonable doubt.