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David N Lesh
Oregon DUII Attorney
Oregon Super Lawyer 2018, 2019, 2020, 2021, 2022

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Can you get a DUII in Oregon if you're under .08%?

Yes.  A driver can get arrested for a DUII if the driver:

  • Has 0.08 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person; OR

  • Is under the influence of intoxicating liquor, cannabis, a controlled substance or an inhalant;

  • Is under the influence of any combination of intoxicating liquor, an inhalant, cannabis, and a controlled substance; or

  • Within two hours after driving a vehicle, and without consuming alcohol in the intervening time period, has 0.08 percent or more by weight of alcohol in the blood of the person, as shown by chemical analysis of the breath or blood of the person.

ORS 813.010(1). 

Oregon law recognizes that a person can be under the influence of alcohol below a level of .08% if the person is adversly effected (under the influence) after the consumption of alcohol.  The state often does prosecute alcohol DUII's at .07% and sometimes they will issue a DUII case when the (blood / breath alcohol content) BAC is below this amount.

Also, the state often will prosecute a case when the driver has a low (or no) BAC but has also consumed a controlled substance or an inhalant.

About the Author of the Oregon DUII Guide: 

David Lesh is a Portland attorney emphasizing DUII and criminal defense.  He has been a member of the Oregon State Bar since 1990.  Mr. Lesh is a former Multnomah County prosecutor and lawyer to the Portland Police Bureau.  He was named an Oregon Super Lawyer in 2018, 2019, 2020, 2021, and 2022.  His law practice has an A+ BBB rating.

Office Location:  434 NW 19th Avenue; Portland, OR  97209
Phone:  503.546.2928   |   Fax:  503.296.2935   |   Email: duii @ outlook.com (no spaces)

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Websites, including this one, provide general Oregon DUI information and processes but do not provide legal advice or create a lawyer / client relationship.  General information cannot replace legal advice specific to your case, problem, or situation.  Consult qualified Oregon attorneys for advice about any specific problem or DUI charge that you have.  Oregon attorneys are governed by the Oregon Code of Professional Responsibility.   This website may be considered an advertisement for services under the Code.  Information contained in this website is believed to be accurate but is not warranted or guaranteed in any way.  ORS 813010.


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