Well, given the fact that people can (and have) been charged with below .08, and in some cases, ZERO BAC, on one hand, I'm not sure this is a huge issue compared to "zero tolerance" policies in place around the country.
LINKBUT, OTOH, if law enforcement can just arbitrarily say, "Screw it, you were close enough for my work," then we need to work on THAT aspect first, but that doesn't mean we shouldn't also work on making sure these breathalyzers are made as accurate as possible. We expect the state to present proof beyond a reasonable doubt when it brings a case. This, IMHO, bring SIGNIFICANT doubt as to the validity of those at or near .08 BAC. If you're .15, however, ain't nothing gonna save your ass.
Bottom line, it doesn't matter what our BAC is--if the cops want you in, you're going. Sad, really.