It is also not unheard of for people who blow over the legal limit to not get a DUI after going through the court process. With the margin of error in breathalyzers being around 20-30% someone who did well in the field sobriety tests, doesn't blow much more than the legal limit, was just pulled over for suspicion of drunk driving, and has a decent lawyer...one can get out of one. I know there are a lot of factors that go into it, but just going on the other side of people saying that you can get a DUI for blowing under, you can also get one dropped for blowing over.