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“Driving,” as it relates to a DUI, includes the operation or actual physical control over a vehicle. “Actual physical control” does not require a running engine or a moving vehicle to result in a DUI conviction—the driver just needs to have the ability to easily become a danger.
A driver is under the influence when he or she is less able than normal to exercise due care in driving. Alternatively, a BAC of at least .08% can result in a DUI conviction.
|1st Offense||2nd Offense||3rd Offense (Felony)|
Up to 12 months
|60 days to 18 months||1 to 2 years prison|
$500 to $1500
|$750 to $2500||Up to $5000|