A driver is considered “under the influence” if his or her mental or physical faculties are, to any extent, impaired by alcohol, drugs, or other intoxicants.
“Operating” or “attempting to operate” a vehicle doesn’t require actual movement. An impaired motorist who intends to drive the vehicle and takes a substantial step toward doing so can be convicted of an OUI.
| 1st Offense | 2nd Offense | 3rd Offense | |
| Jail | 1-year maximum (96 hours minimum for unlawful BAC test refusal) |
7 days to 1 year (12 days minimum for unlawful BAC test refusal) | 30 days to 5 years (40 days minimum for unlawful BAC test refusal) |
| Fines | $500 to $2,000 |
$700 to $2,000 ($900 minimum for unlawful BAC test refusal) |
$1,100 to $5,000 ($1,400 minimum for unlawful BAC test refusal) |
| License Suspension | 150 days |
3 years | 6 years |
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