As someone who has practiced criminal defense, I wish that were true, but it isn't. It is a common misconception of the public. A driver could blow a .05 in the pre-breathalzyer test (PBT), administered on the side of the road, and a .04 in the Datamaster at the station, and the County Attorney could still prosecute for OWI. Certainly, producing such a low blood alcohol content reading seems to have a positive effect on a jury's perception of the defendant (if admitted into evidence), but the State may still attempt to prove OWI with the Officer's (or other witnesses') testimony. Nader could have blown under .08 (or refused to take both tests altogether) and still be prosecuted and convicted of OWI.
The investigating officer's report will likely state the common things officer's usually state to attempt to show probable cause: bloodshot, watery eyes, breath smelled of alcohol, slurred speech, etc. It will be interesting to see the alleged facts.
Disclaimer: this information is not legal advice, but for educational purposes only in response to Chuck's post. There is no attorney-client relationship formed with anyone in this thread or on the basis of my post. I don't know why the other lawyers on this board are so free-wheeling in providing advice (I have seen it a few times), and I want to be clear this isn't such a case. Just thought I would clear up the misconception regarding OWIs. It doesn't pay to drink and drive.