“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) | |
| Jail | Up to 12 months |
60 days to 18 months | 1 to 2 years prison |
| Fines | $500 to $1500 |
$750 to $2500 | Up to $5000 |
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