“Actual physical control” requires the ability to exert control over a motor vehicle, but does not require actual movement, a conscious driver, or even an operable vehicle. “Under the influence” means the person’s ability to operate a motor vehicle safely is diminished or impaired in the slightest degree.
A driver with a BAC of .08% or more is considered to be “per se DUI,” which can result in a conviction regardless of actual impairment.
| 1st Offense | 2nd Offense | 3rd Offense | |
| Jail | Up to two years |
Up to two years (minimum 60 hours jail or 200 hours community service) | Up to five years (minimum 96 hours jail) |
| Fines | Up to $750 |
Up to $1,500 | Up to $2,500 |
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