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A person is considered “under the influence” if is impaired to the degree that the person cannot safely drive.
The BAC limit is lower for commercial drivers and drivers who are under the age of 21. Commercial drivers can get a DUI for a BAC of .04% or more and underage drivers can be cited for operating a vehicle with a BAC of .02% or more.
|1st Offense||2nd Offense||3rd Offense|
180-day maximum (mandatory 2 days in jail or 48 to 96 hours community service)
|180-day maximum (mandatory 10 days in jail or home confinement)||1 to 6 years in prison|
|$750 minimum (or equivalent number of community service hours)||$2,000 minimum|
At least 185 days
|1 year||3 years|
|Ignition Interlock Device||
185 days if BAC is less than .18%, 1 to 3 years if BAC is .18% or more
|185 days if BAC is less than .18%, 1 to 3 years if BAC is .18% or more||1 to 3 years|