Can I get a DUI if I blow under a .08%?

The short answer is yes.

There are two ways a prosecutor can prove a DUI in Oregon. The first, and most common way, is to prove beyond a reasonable doubt that your blood alcohol content was a .08% or higher. Usually through a breathalyzer or a blood test.

The second way they can prove guilt is by arguing that you’re impaired. Specifically, your physical or mental faculties were adversely affected by the use of intoxicating liquor to a noticeable or perceptible degree.

Let’s say you blow a .07% and you think you’re in the clear. In reality, cops don’t like to give up on arrests all that easy. So if the officer still thought you were impaired you can still get charged with a DUI.