If you’ve ever heard the term “Actual Physical Control” (APC) in relation to Oklahoma criminal law in Wagoner County, you may wonder what it means. You may also wonder how it differs from a Driving Under the Influence (DUI) charge. While both APC and DUI charges involve alcohol or drug impairment, there are key differences between the two. This article breaks down APC, how it’s prosecuted, and how it compares to a DUI charge.
Defining The Charge Of Actual Physical Control?
The charge of Actual Physical Control applies when a person is n control of a vehicle while under the influence. This can also involve drugs, but they are not actively driving. This law aims to prevent potentially dangerous situations. It does this by holding individuals accountable for being in a position to operate a vehicle while impaired.
Important Elements of APC Of The Charge:
- The person is inside the vehicle.
- The vehicle is operable or could easily be made operable (e.g., keys in the ignition or within reach).
- The person is intoxicated, whether by alcohol, drugs, or a combination of both.
Example Scenario: Imagine you’ve had too much to drink and decide not to drive. Instead, you sit in your car with the engine off but the keys in the ignition to stay warm. Even though you’re not driving, you could still be charged with APC because you have control of the vehicle and are intoxicated.
What Is The Difference Between APC and DUI
A DUI (Driving Under the Influence) charge requires that you are actively driving the vehicle while under the influence. In contrast, APC does not require movement of the vehicle. Here’s a comparison:
Aspect | Actual Physical Control (APC) | Driving Under the Influence (DUI) |
---|---|---|
Requirement | Being in control of a vehicle while intoxicated | Actively driving or operating a vehicle while intoxicated |
Vehicle Movement | Not required | Required |
Potential Penalties | Similar to DUI penalties, including fines, jail time, and license suspension | Includes fines, jail time, license suspension, and mandatory interlock devices |
Legal Focus | Preventing impaired individuals from having the chance to drive | Penalizing impaired driving behavior |
Why Does Oklahoma Have an APC Law?
The APC law is designed to prevent impaired individuals from endangering themselves and others. By addressing situations where someone could potentially drive while intoxicated, APC helps law enforcement take a proactive approach to public safety.
However, critics of APC laws argue that the charge can unfairly punish people who are trying to make responsible decisions, such as sleeping in their car after drinking. These cases often depend on the specific facts, such as whether the person was in the driver’s seat, the location of the keys, and whether the engine was running.
Punishment For APC in Wagoner
The penalties for an APC conviction in Oklahoma are similar to those for a DUI and can include:
- Fines: This includes Wagoner County DA supervision fees and other court costs. Amounts vary based on whether it’s a first or subsequent offense.
- Drug and Alcohol assessment and DUI Classes
- License Suspension: Your driving privileges may be revoked or restricted.
- Jail Time: Sentences can range from days to months, depending on prior convictions. A first time APC usually ends up with a deferred or suspended sentence but could end in Jail time
- Ignition Interlock Device: You may be required to install a device in your vehicle to prevent future impaired driving.
Actual Physical Control Defenses
Defending against an APC charge often requires your Wagoner DUI attorney prove you were not in control of the vehicle. Sometimes showing that you were making a responsible choice to avoid driving is helpful. Possible defenses might include:
- Proving the Vehicle Was Inoperable: If the car couldn’t be driven (e.g., it was out of gas or had a dead battery), this could weaken the prosecution’s case.
- Disputing the Intoxication Level: Questioning the accuracy of breath or blood tests may be a valid defense.
- Challenging Control of the Vehicle: If the keys were not accessible or you were in a non-driving position, such as the back seat, this may help your case.
Free Consultation With a Wagoner APC Attorney
While DUI and APC charges share similarities, they are distinct offenses under Oklahoma law. APC emphasizes preventing impaired driving by addressing situations where someone has control of a vehicle while intoxicated, even if they’re not driving. If you’re facing an Actual Physical Control in Wagoner get a free consultation and discover potential defenses by call Kania Law – Wagoner Attorneys at 918-283-7394 or get a free online consultation by following this link.