Am I guilty if I have a blood alcohol level of .08%?

DUI is a criminal charge, and in any criminal case it is unconstitutional to have a presumption that the defendant is guilty. You are innocent until proven guilty beyond and to the exclusion of every reasonable doubt. A defendant that has a blood alcohol level of .08% or above faces evidence that on its face, shows that the person is under the influence and that their normal faculties are impaired.