IIRC one can get a up to 0.02 from bread.
This is a simple wive's tlae, as is the rumor that ones body can produce as much as 0.01BAC. Doesnt happen.
No way Id file on a .01, but I have filed full fledged DUI 2nd and Subsequent (Felony) on an individualk who blew a 0.05BAC, which is below the per se law for DWI on Oklahoma. Guess what? It stuck.
All you have to prove is that the perosn was incapable of driving a vehicle safely. Period. The BA Machine helps you do this, but is far drom necessary.