An Oregon officer pulls you over and observes signs of impairment. Your breath test comes back at 0.06% BAC. Can you still be arrested for DUII?
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A.
Yes, but only after you refuse a follow-up blood or urine test.
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B.
No, an officer cannot arrest you for DUII unless your BAC reaches 0.08% or higher.
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C.
Yes, 0.08% creates a presumption of impairment but is not a floor for arrest. Correct
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D.
No, Oregon law sets the minimum DUII arrest threshold at 0.05% BAC.
The answer is "Yes, 0.08% creates a presumption of impairment but is not a floor for arrest."
Oregon's Impaired Driving section names 0.08% BAC as the level at which the law presumes impairment, but it explicitly states a driver can still be arrested with a BAC below that number when other evidence (driving behavior, field sobriety, officer observation) supports impairment. Test-takers who pick B are half-remembering 0.08% as an arrest threshold rather than the presumption threshold; the manual pairs the number with the phrase "you can still be arrested even if your BAC is lower than 0.08%."
The traps in the wrong answers
A. Yes, but only after you refuse a follow-up blood or urine test.
Refusing a chemical test triggers separate implied-consent consequences but is not a prerequisite for a DUII arrest. This answer conflates implied-consent chemical-test enforcement with the probable-cause grounds needed for the underlying DUII arrest.
B. No, an officer cannot arrest you for DUII unless your BAC reaches 0.08% or higher.
0.08% BAC creates a presumption of impairment, not an arrest immunity below that level. This answer treats the 0.08% per-se number as a hard arrest floor for any DUII enforcement rather than as a presumption threshold.
D. No, Oregon law sets the minimum DUII arrest threshold at 0.05% BAC.
Oregon has no statutory 0.05% threshold for DUII arrest. This answer imports the 0.05% per-se limit used in Utah and many non-U.S. jurisdictions as if it applied in Oregon.
This question tests your knowledge of DUI & Impaired Driving in Oregon. Source: Oregon Driver Manual, "Impaired Driving," p.82..
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