Tyre Nichols toxicology results. BAC 0.049 with some THC. Was he driving drunk?

Tyre Nichols' BAC was .049 and that's below the .08 limit BUT my question concerns the timing of the BAC test. A person's BAC drops by .015 per hour so the BAC is less accurate with each passing hour. It could be argued that Nichols was driving drunk if the BAC test was delivered two or more hours after his arrest. He had some THC in his system but that lingers for a while.

I've always maintained that only impaired people or criminals would run from the police and/or resist arrest. I think the cops that delivered the biggest blows are probably screwed but the cops that just tried to restrain Nichols might be spared the harshest punishments.

https://www.khou.com/article/news/crime/tyre-nichols-autopsy-report-released-manner-of-death-homicide/522-33a0f179-9295-4268-b384-13aa5d8fe9c9 * BAC 0.049 *

https://www.christiansenlaw.com/blog/2018/october/how-fast-does-your-bac-drop-after-drinking-/#:~:text=It%20would%20take%20roughly%20five,right%20at%20the%20legal%20limit. * BAC drops .015 per hour *