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

Yes.  A driver can get arrested for a DUII if, in the opinion of the arresting officer, 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 an intoxicant or a combination of intoxicants; OR

• Within two hours after driving a vehicle, and without consuming alcohol in the intervening period, has a BAC of 0.08 percent as evidenced by a lawful breath or blood test.

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 even 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 or cannabis.