Oklahoma Actual Physical Control
A charge of actual physical control, or APC, can be filed against you if you are found in control of an operational vehicle while you were under the influence of drugs or alcohol. Simply sitting in the driver’s seat of a parked car can result in an APC.
APC Burden of Proof
In order to prove that you are guilty of APC, the prosecution must prove that you were in a public place, that your vehicle was operable and that your BAC, or blood alcohol content, was at or above the legal limit of .08 or that you were too impaired to drive. In order to determine your BAC, officers must have administered a breath test. The results of that test will only be valid if the test was conducted within two hours of your arrest.
Penalties for APC
The offense of actual physical control falls under the same statute as DUI, which means that the penalties for an APC are the same as those for driving under the influence.
A first conviction is punishable by an automatic license suspension, a jail sentence of 10 days to one year and/or a maximum fine of $1,000. A second offense within 10 years will be charged as a felony, punishable by a prison sentence of one to five years and a fine of up to $2,500. A third offense will also be tried as a felony and carries 1-10 years in the penitentiary. A fourth offense carries 1-20 years
A Vigorous Defense
An APC carries the same penalties and hidden costs as a DUI; the charge is extremely serious and should be vigorously defended. Bruce Edge and the team at the Edge Law Firm has a successful track record of defending clients against charges of actual physical control.
Schedule your free consultation with a board-certified DUI defense attorney today. Fill out your information online or call the Edge Law Firm at (877) DUI-EDGE or (918) 582-6333.