First, all this expectation of NBA players to abide by these laws is strangely misplaced. the american people elect congressmen and senators, who routinely are charged with DUI, 77 in the last year. they preside over trillion dollar budgets, write the nations laws etc and no one gives a crap as they keep getting elected. they are far more influential than NBA basketball players in this culture. Second, the DUI equipment used to test levels is pathetically inaccurate:
http://www.prlog.org/10153880-arizona-dui-breathalyzer-equipment-fail-occasionally.html
A 0.1% level can be 0.15 or 0.05(legal) with the errors in this equipment. So if Jrich was actually 0.05, he could have tested at 0.1%. the new lower level of 0.08 is probably similar to a cell phone user in reaction time and yet, cell phones are not an issue. the equipment needs to be more accurate to even determine a 0.08% level. So yes a 2 beer comsumption at a sports bar can get you screwed within 2-3 hours of leaving.