In Oklahoma, you can be arrested for APC even if your vehicle is not on or moving. Simply being inside your vehicle while under the influence of alcohol or drugs can be enough for a police officer to charge and arrest you. An Oklahoma actual physical control (APC) defense attorney from Fabian & Young can provide counsel and help you fight these charges
What Constitutes an APC charge
APC, which stands for actual physical control, is when an individual is in direct control of a vehicle after consuming alcohol or drugs. With this type of charge, it does not matter whether or not the vehicle is in motion. If, for example, you are sitting in your car while impaired and have your keys easily accessible, then a police officer may have reasonable cause to arrest and charge you. The difference between a DUI and an APC is that the car is in motion, and an individual is actively driving.
In an APC case, prosecutors must be able to successfully show the following elements of being in actual physical control of a motor vehicle while under the influence of alcohol before an offender can be convicted:
- The offender had physical control of the vehicle they were in
- The offender was located in either a public setting or a private area with access to residential neighborhoods
- The offender had a blood alcohol content (BAC) of 0.08% at the time law enforcement found them
- Law enforcement administered a blood and/or breath test to the offender within 2 hours of arresting them.
If prosecutors can demonstrate all four elements, then an offender may be convicted of an APC and sentenced.
Penalties for an Oklahoma APC Charge
Since an intoxicated individual could easily cause harm to others if they choose to drive, Oklahoma punishes APC offenses harshly. Offenders risk losing their license either temporarily or permanently. To avoid this possibility, you can request an administrative hearing with Service Oklahoma and petition to retain your driver’s license. If granted, you may have to adhere to certain conditions in order to maintain your license after an APC.
Additionally, an APC charge can be penalized with fines and incarceration. If this is your first APC, then you may have to pay up to $1,000 in fines and spend 10 days to a year in jail. If you are convicted of a second APC, then penalties may reach up to $2,500 in fines and up to 5 years in jail.
What to Do if You are Arrested for APC in Oklahoma
If you are arrested for an APC, you do not have to face the criminal justice system alone. Hire legal representation to communicate on your behalf and guide you through the legal process. A lawyer can defend you and challenge the charges against you by showing that you were not in direct control of the vehicle, lacked the intent to drive, or that your keys weren’t easily accessible. They can also challenge evidence or procedures that may have been mishandled. Talk to Fabian & Young today about how to fight the APC charges against you.