Is .08 not the legal BAC limit, not to be EXCEEDED?

[Clipper]

www.wktv.com/content/news/Driver-charged-with-DWI-after-tire-hits-vehicle-on-Thruway-injuring-2-from-Utica-574630461.html

I am a bit confused as to how the State Police were able to charge the individual with DWI when the law clearly states that a person can be charged with DWI if they exceed the legal BAC of .08, key word being "exceed."

It was a very unfortunate accident, but leveling such serious charges against the driver of the pickup that lost it's tire based on a charge of DWI seems a bit questionable to me. They say his BAC was exactly AT the very limit, not exceeding it.

[Atticus Pizzaballa]

I had a DWI many many years ago when I turned 30. I blew a 2.0!!! LOL. 17 Vodka martini's did it.

[BHU]

I don't see how they can charge him with vehicular assault just because his tire blew. A decent lawyer can probably get the DWI dropped down to a DWAI, but it won't be cheap.

[Clipper]

I don't think he just blew a tire. I think his entire wheel came off and smashed into the windshield and hood of the car going the other way.

[Atticus Pizzaballa]

Now that is bad luck....