(AP) -- A Kentucky Supreme Court ruling now gives drunk drivers room to question blood-alcohol tests that are narrowly above the legal limit.

Friday the court unanimously overturned the ruling of a Lexington man, who was convicted of driving under the infuence.

Nelson Lopez was charged with a DUI on October 11th, 2002, and blew a 0.08 blood-alcohol level about an hour after his arrest.

The court says county prosecutors wrongly argued that it didn't matter what his blood-alcohol level was when he was driving, as long as Lopez's level measured above the legal limit of 0.08 within two hours of his leaving the car.

Defense attorney Fred E. Peters says that standard could allow prosecutors to convict someone who hadn't taken a sip of alcohol before driving on the road.

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