APC charges In Oklahoma may seem a little confusing. When can you get in trouble for driving under the influence when you’re not really driving? It’s a bit of a trick question, but it is true that in Oklahoma, you can get the same penalties and the same license revocation as with a Driving Under the Influence (DUI) conviction. This is even if you weren’t actually driving the vehicle. The law of actual physical control means that you can just be sitting in the driver’s seat with the car keys in your pocket, and if a police officer determines that you are legally intoxicated, you can be convicted of a DUI offense.
Oklahoma has a state law that says that being in “actual physical control” of a vehicle while you are intoxicated is the legal equivalent to actually driving the car while under the influence of the intoxicating substance. This is whether it’s alcohol or some drug or a combination of alcohol and drugs.
So, if you have the keys to the car, are in the area of the driver’s seat, and are legally intoxicated, then the officer who observes all of this can arrest you and file APC charges in Oklahoma. This is even if the officer never did see you drive the car at all. The penalties and punishments are the same as with any other DUI violation. When you have the actual physical control available to you to operate the car, with the keys in your possession and close to the driving controls of the car.
Actual Physical Control Of A Vehicle
So, if it’s not driving the car in operation on a road, then what does it mean to be in “actual physical control” of the vehicle? The Oklahoma state courts have considered various scenarios in criminal proceedings. They have come to some basic understanding of what the meaning, and limitations, are of this APC phrase that can have the same effect as a DUI conviction in your life.
In one case that went before the court, the individual was seen by an officer to be getting out of the driver’s side of a vehicle. A police officer found the person to be intoxicated and with the keys to the vehicle in the person’s possession. The court held that these three factors together, the fact of exiting the driver’s door of the vehicle in view of the officer, while having the keys to the vehicle and being intoxicated, created the elements of the crime of actual physical control as charged.
Legal Definition Of Intoxication For ACP Violation
There are a few ways that a police officer can prove the “intoxicated” element of the crime. One is by a blood or breath analysis that shows greater than 0.08% blood alcohol content in a test that is administered within two hours after your arrest. The other is if the officer sees that you are under the influence of alcohol, or some other intoxicating substance, or both alcohol and some other substance, so as to demonstrate slowed reaction time and flawed sensory controls in a way that would not be safe in the operation of a motor vehicle. One other way that the district attorney can prove the element of intoxication in an APC case is by a toxicology report that shows a measurable amount of a Schedule I substance in your urine, blood, or hair follicle sample.
Punishments For APC Charges In Oklahoma
Just as with a DUI conviction, there are serious penalties that go with a conviction for actual physical control of a vehicle while intoxicated. You can lose your driving privileges for six months to a year or more and face weeks to months of jail time on a misdemeanor first offense. For a second offense within ten years of the first offense the APC is charged the same as a felony DUI. You will also have court costs and fees as well as a legal bill for having a lawyer on your side.
Tulsa APC Defense Lawyers
Charged with APC or DUI? If so, then you should immediately consult with a criminal defense attorney who is experienced at helping the accused in Oklahoma DUI and APC cases. The attorneys at Tulsa Criminal Lawyers Law Firm have extensive experience defending Oklahomans charged with drug-related and alcohol-related offenses including APC. We are ready to fight on your behalf. For a free consultation, reach out to our Tulsa DUI Lawyers by calling (918) 416-0358 or by contacting us online.