Originally Posted by wolfboy
That's not true. He could have still been charged if the breathalyzer registered under .08 (at least in OH). Given the circumstances when they found him, it wouldn't have been surprising.
Yep, it would have, however, given him a much stronger defense and reason to fight the charge in court had he blown below a .08. That would have lended much more credibility to his other 'extenuating circumstances.'