The prohibition against driving with a BAC of .08% or more is known as a “per se DUI.” A person can be convicted of a per se offense based solely on his or her BAC, regardless of actual impairment. The volume of alcohol necessary to reach these BAC levels can differ depending on the person’s gender, body size and the type of alcohol.
| 1st Offense | 2nd Offense | 3rd Offense | |
| Jail | Up to 1 year |
10 days to 1 year | 1 to 5 years |
| Fines | $100 to $500 |
$400 to $1,000 | $400 to $5,000 |
| License Suspension | 2 to 18 months |
1 to 2 years | 2 year-minimum |
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