Right, which means if you're above .08, you're guilt regardless of whether you were pulled over because of your driving or if you appeared impaired. You could be pulled over for a taillight, seem sober as the Mormon pope, but be guilty. Conversely, you are .07 and a cop can decide you acted impaired, because you're the type of person they're prejudiced against, such as the poor.
I'd rather remove the discretion. For example: .06 and clean for other mind-altering substances in the arresting blood test? Innocent, period. They still got you off the road that night.