"...he's now "saying" that he didn't blow over the legal limit in our state, so the charges should get thrown out..."
That's a common misconception regarding DUI's. A person does NOT need to blow over the state's legal limit in order to be guilty of a DUI. As long as the person blows greater 0.00 (even 0.005; which would be 0.01) and the arresting officer testifies that he observed/witnessed the person.......: driving erratically; making unsafe lane changes; weaving; drifting into other lanes; slurring speech; unsteady; whatever.....then the person can be found guilty.
Just remember it's Driving Under the Influence not driving over the legal limit (which is usually an automatic guilty).....
(o:
NoelleR