I blew 0.00, but still got arrested for a DUII

The crime of DUII is not limited to intoxication by alcohol. It is possible to be charged, and convicted, of DUII when not under the influence of alcohol. Intoxication through controlled substances, such as, but not limited to, marijuana, methamphetamines, cocaine, heroin, and ecstasy also can lead to charges of driving under the influence.

Additionally, it is important to remember 0.08 % BAC (Blood Alcohol Content) is the legal limit. Anyone with a BAC of 0.08 or higher is considered legally intoxicated. However, the DUII laws in Oregon state that anyone impaired to a perceptible degree is considered driving under the influence of intoxicants.

Thus, there are some people who might be impaired to a perceptible degree even-though they blow under the legal limit of 0.08.

Rob Crow
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Licensed to practice law in all State & Federal Courts in Oregon.
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