The judge is right on with his argument. Alcohol does affect each person differently, so a presumption based on an objective BAC level is unjust, and forces the driver to "prove" their innocence through a series of tests that even should they pass, could still allow them to be convicted of a dwi because of that objective BAC.

There are solutions available, cameras could be used to tape drivers during the stop and testing for submission in court. That put everyone on equal footing and allows the judge to make the decision for themselves.