Did you know you can face DUI-related charges even if you were not actively driving a vehicle at the time of arrest? Oklahoma law allows prosecutors to charge someone with Actual Physical Control (APC) of a vehicle while under the influence of alcohol or drugs.
An APC arrest can carry serious criminal penalties, license consequences, and long-term effects on employment and reputation. Whether APC is a misdemeanor or felony depends on several factors, which we discuss in more detail below.
What Is Actual Physical Control in Oklahoma?
Actual Physical Control is when a person is in a position to operate or control a motor vehicle while impaired, even if the vehicle was not moving at the time.
Police officers commonly make APC arrests when someone is found:
- Sitting in the driver’s seat while intoxicated
- Sleeping inside a parked vehicle
- Holding the keys to the vehicle
- Situated in a way that suggests they could operate the vehicle
With APC charges, prosecutors only have to argue that an individual had the present ability to bring the vehicle into operation. These charges frequently arise in situations where drivers pull over to “sleep it off” or remain inside their vehicle after drinking.
Is APC a Misdemeanor or Felony?
Under Oklahoma Statutes Title 47, Section 11-902, Actual Physical Control may be charged as either a misdemeanor or felony depending on the circumstances.
First-Time APC Offenses Are Often Misdemeanors
A first APC offense involving alcohol or drugs is commonly charged as a misdemeanor if a driver has no prior DUI or APC convictions and no aggravating circumstances are present.
Misdemeanor APC convictions can still carry significant penalties in their own right, including:
- Jail time
- Fines
- License suspension
- Mandatory substance abuse treatment
- Ignition interlock requirements
A conviction can also create collateral consequences that affect a person’s employment prospects and reputation.
Repeat APC Offenses May Become Felonies
Oklahoma law imposes harsher penalties for repeat impaired driving offenses. An APC charge may become a felony if the driver has prior DUI or APC convictions, or if the offense involved serious injury or aggravating factors.
Felony APC charges can expose drivers to:
- A year or more imprisonment
- Higher fines
- Extended license revocations
- Long-term ignition interlock requirements
- Permanent felony records
Prior convictions from other states may also sometimes enhance Oklahoma APC charges.
APC and DUI Are Closely Related Under Oklahoma Law
Oklahoma often treats APC offenses similarly to DUI offenses for sentencing and license purposes. An APC conviction may trigger driver’s license revocation proceedings, and other administrative consequences.
Insurance companies may also treat APC convictions similar to DUI convictions when calculating premiums or determining coverage eligibility.
Call an Experienced Oklahoma APC Defense If You’ve Been Charged
Even if you are charged with APC, prosecutors must still prove your case beyond a reasonable doubt. In some situations, drivers may have strong defenses against APC allegations.
For example, the evidence may fail to establish that the defendant had immediate access to operate the vehicle. In other cases, police officers may have violated constitutional protections during the investigation or arrest.
An experienced criminal defense attorney can help you defend yourself against the charges. Your attorney can review the facts of the arrest, challenge weaknesses in the prosecution’s case, and help pursue reductions or dismissals of the charges.
Contact Fabian & Young to schedule a confidential consultation to discuss your rights and defense options.