The DWI BAC laws in all states have been .08 since 2000. I guess we run around in different circles.
The National Institutes on Alcohol Abuse and Alcoholism (NIAA) has defined "binge drinking" as a pattern of drinking alcohol that brings blood alcohol concentration (BAC) to 0.08 percent - or 0.08 grams of alcohol per deciliter - or higher. For a typical adult, this pattern corresponds to consuming 5 or more drinks (male), or 4 or more drinks (female), in about 2 hours.
The Substance Abuse and Mental Health Services Administration (SAMHSA), which conducts the annual National Survey on Drug Use and Health (NSDUH), defines binge drinking as 5 or more alcoholic drinks for males or 4 or more alcoholic drinks for females on the same occasion (i.e., at the same time or within a couple of hours of each other) on at least 1 day in the past month.
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I'm not a betting man, but I would venture say that his BAC at 4:12 AM was likely significantly higher than .08.