A driver is considered “under the influence” if deprived of the normal control of his or her bodily or mental faculties. In contrast, a BAC-based DUI (often called a “per se DUI”) doesn’t require proof of actual impairment. But the volume of alcohol necessary to reach .08% can differ for different people.
| 1st Offense | 2nd Offense | 3rd Offense | |
| Jail | Up to 6 months |
7 days to 6 months | 30 days to 6 months |
| Fines | Up to $750 |
$200 to $750 | $750 to $3,000 |
| License Suspension | 90 days |
1 year | 3 years |
| Ignition Interlock Device | 6 months with a BAC of .15% or more |
1 year | 2 years |
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