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“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|
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)|
Up to $750
|Up to $1,500||Up to $2,500|