Depending upon your sex and your weight i think you could possibly have two beers in one hour, even something like, say a 7% Racer 5 and technically still be under the limit at, say .06%?
What people should know is that a LEO can still arrest you even though you are under .08%. When you are given a field sobriety test it is not necessarily to judge your level of intoxication but may also be to get your blood flowing and within a short time after consumption your BAC will rise before it falls.
I was going to write about the 4 situations where you can a DUI:
1. DUI checkpoint
2. Cop pulls you over for invalid reason, like Driving While Black
3. Cop pulls you over for valid reason, like running a red light
4. Accident
To receive a DUI in the first two is very likely self-incrimination. The field sobriety test can be declined.
I mention only this that if you blow a .08, you could be ok to drive, i.e. able to drive properly despite being tipsy.
The problem is that unless you have a breathalyzer, do you really know if you are legal to drive? More importantly, no matter how much you drink, do you know really know if you are ok to drive?
The last two are obvious, you were not ok to drive.