What can we expect on a DUI charge with .08 breathalyzer?

My husband was arrested for a DWI 3 days ago. He was in a very minor accident that he claims resulted from the other driver using his blinker improperly. He does not feel he was intoxicated, but had breathalyzer results of .09 at the scene and .08 at the police station. He does say he had 3 drinks prior to 5:15 pm. The accident occurred at 10 p.m. He weighs approximately 250 pounds. He reports being given part of a field sobriety test, standing on one leg and counting. He felt he was asked to do this on an uneven surface while wearing flip flops. He does have a fair amount of trouble with acid reflux, though he hasn't been diagnosed. In addition (and this is probably completely irrelevant) he was eating ice cream as the police officer was checking his registration. Is it possible this was a messed up test? Our 17-year-old daughter spent several hours with him that evening and told me privately he didn't drink anything after she got home at 5:20.