Alcohol, Drugs and DUII

Key points

1. At 0.08% BAC or more the law presumes you are impaired, but you can be arrested below that.

   Source: Handbook p. 82

   “If your blood alcohol concentration is 0.08% or more, Oregon law presumes you are impaired, but you can still be arrested even if your BAC is lower than 0.08%.”
   Oregon Driver Manual, Handbook p. 82

2. Under 21, any amount of alcohol fails the test; Oregon has a zero tolerance law.

   Source: Handbook p. 83

   “If you are under 21, you will fail the test if you have a blood alcohol concentration of any amount. Oregon has a zero tolerance law.”
   Oregon Driver Manual, Handbook p. 83

3. Oregon's DUII law applies to any substance that impairs your mental or physical ability to drive.

   Source: Handbook p. 83

   “Oregon’s DUII law applies to any substance that impairs your mental or physical ability to drive.”
   Oregon Driver Manual, Handbook p. 83

4. Implied consent means driving counts as agreeing to a breath, blood or urine test when police ask.

   Source: Handbook p. 83

   “by driving a motor vehicle, you have agreed that you will take a breath, blood, or urine test when asked by a police officer.”
   Oregon Driver Manual, Handbook p. 83

5. Refusing a test can bring a fine and a suspension of your driving privileges.

   Source: Handbook p. 83

   “If you refuse to take a test, you may receive a fine, and/or your driving privileges could be suspended.”
   Oregon Driver Manual, Handbook p. 83

6. An open alcohol container in a vehicle on any road is illegal; a broken seal counts as open, even if reclosed.

   Source: Handbook p. 83

   “A container is considered to be open if its seal is broken, even if it has been reclosed.”
   Oregon Driver Manual, Handbook p. 83

7. Keep any open containers in the trunk.

   Source: Handbook p. 83

   “Any open bottles or containers should be in the trunk.”
   Oregon Driver Manual, Handbook p. 83

Numbers to know

3 questions from the Oregon practice test

1. 1. At what BAC does Oregon law presume a driver is impaired?

   1. 0.05 percent or more
   2. 0.10 percent or more
   3. 0.08 percent or more
   4. Only a result above 0.12 percent
   Show answer

   0.08 percent or more. Oregon law presumes impairment at a blood alcohol concentration of 0.08 percent or more. The 0.05 and 0.10 choices change the threshold, while a result above 0.12 would miss the lower point at which the presumption begins. A BAC below 0.08 does not guarantee that a driver cannot be arrested, because alcohol may still affect mental or physical ability and the manual says impairment can exist below that number. Remember the figure as a legal presumption, not as a safe amount to drink before driving.

2. 2. Under Oregon's zero-tolerance rule, at what BAC will a driver under 21 fail the alcohol test?

   1. Any amount of alcohol
   2. 0.04 percent or more
   3. 0.08 percent or more
   4. Only a result above 0.10 percent
   Show answer

   Any amount of alcohol. A driver under 21 fails Oregon's alcohol test with any amount of alcohol in the blood. That is the state's zero-tolerance rule for this age group. The 0.04 and 0.08 figures describe thresholds used in other contexts, not the under-21 testing rule. A result above 0.10 is also too narrow because the rule starts at any amount. A useful memory cue is the age boundary: under 21 means zero alcohol for the test, so do not treat the adult threshold as a safe starting point.

3. 3. When is an alcohol container considered open under Oregon's open container rule?

   1. Only when a passenger is holding it
   2. Only when the bottle has no cap at all
   3. When its seal is broken, even if it has been reclosed
   4. Only after the container has been opened twice
   Show answer

   When its seal is broken, even if it has been reclosed. Oregon treats an alcohol container as open once its seal is broken, even if someone puts the cap back on afterward. Reclosing the bottle does not restore the original sealed condition. The passenger's location and the number of times it was opened do not change that definition. The manual also says open bottles or containers should be in the trunk, so a driver should store the container there before travel instead of relying on a replacement cap or the presence of a passenger.

Source: the Oregon Driver Manual, Safe & Responsible Driving: Impaired Driving. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.