If the law says someone must be at 0.08 or above, and the machine margin of error is 0.01, then the machine should have to read 0.09 before someone is penalized.
the jury gets to know the the value, and the error, and weight it accordingly, along with the rest of the evidence.
also the acceptable error on the GC/FID testing used for blood alcohol is 3-5%, depending on lab, etc. so that's 0.004. if you managed to get the cop's attention at 0.083, and you're drunk enough they bother to arrest you, instead of trying to find someone drunker to spend 2 hours arresting, the DA is still probably going to offer DWAI or less for your 0.083 unless you've got a long history of drunk driving.
also the acceptable error on the GC/FID testing used for blood alcohol is 3-5%, depending on lab, etc. so that's 0.004. if you managed to get the cop's attention at 0.083, and you're drunk enough they bother to arrest you, instead of trying to find someone drunker to spend 2 hours arresting, the DA is still probably going to offer DWAI or less for your 0.083 unless you've got a long history of drunk driving.