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A violation based on BAC or controlled substance concentration limit is often called a “per se OVI.” Per se convictions don’t require proof of the person’s level of actual impairment. A person can be convicted of a controlled substance per se offense for driving with a concentration of at least:
1st Offense | 2nd Offense | 3rd Offense | |
Jail | 3 days to 6 months |
10 days to 6 months | 30 days to 1 year |
Fines | $375 to $1,075 |
$525 to $1,625 | $850 to $2,750 |
License Suspension | 1 to 3 years |
1 to 7 years | 2 to 12 years |
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