A person doesn’t need to be actually driving to be in “actual physical control” of a vehicle. Actual physical control simply requires the person be in the driver's seat of the vehicle, behind the steering wheel, in possession of the ignition key, and in such condition that he or she is physically capable of starting the engine and putting the vehicle in motion.
| 1st Offense | 2nd Offense | 3rd Offense | |
| Jail | 72 hours to 1 year |
20 days to 1 year | 60 days to 1 year |
| Fines | $1,500 to $25,000 |
$3,000 to $25,000 | $4,000 to $25,000 |
| License Suspension | 90 days |
1 year | 3 years |
| Ignition Interlock Device | 6 months |
12 months | 18 months |
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