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Obviously a lawyer needs to answer this one. However, as a general matter, unless the officer can show that the small amount of alcohol impaired the driver's ability to operate the vehicle, there was no violation and I believe there is a strong case for a lawsuit. I am not aware that there is a "zero tolerance" law anywhere in this nation. There is a reason for .08 or .10 limit and it is the belief that at these levels driving is impaired and just being at those levels will be illegal while operating a motor vehicle on public roadways. However if someone is under the legal limit, then the officer must show that driving was impaired, otherwise there is no cause for arrest.