You may have heard the term “Actual Physical Control” used in the context of Oklahoma DUI cases, and ask yourself, what does that mean? Well, an APC charge is essentially treated the same as DUI, and can be charged if you are simply in the vehicle. Actual Physical Control in Oklahoma is simply a person in a vehicle, usually behind the wheel, awake or asleep, with control of the vehicle and under the influence of alcohol, drugs, or other intoxicants, on a road, highway, or public parking lot. In other words, if you have too much to drink, and then decide to sleep it off in your car, you may be arrested and charged with Actual Physical Control even though you are not operating the motor vehicle at the time. People may not think of this as “drunk driving”, but unfortunately it can carry the same consequences. You do not necessarily have to drive the vehicle, or even have the car on to be charged with APC in Oklahoma. If you have been charged with APC or are in need of a Tulsa DUI Lawyer, call us for a free consultation. Jeff Krigel is a Tulsa Criminal Lawyer who offers flexible payment plans.
Actual Physical Control Oklahoma
the Oklahoma statutes read as follows:
It is unlawful and punishable for any person to drive, operate, or be in actual physical control of a motor vehicle within this state, whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings, who:
1. Has a blood or breath alcohol concentration, as defined in Section 756 of this title, of eight-hundredths (0.08) or more at the time of a test of such person’s blood or breath administered within two (2) hours after the arrest of such person;
2. Is under the influence of alcohol;
3. Has any amount of a Schedule I chemical or controlled substance, as defined in Section 2-204 of Title 63 of the Oklahoma Statutes, or one of its metabolites or analogs in the person’s blood, saliva, urine or any other bodily fluid at the time of a test of such person’s blood, saliva, urine or any other bodily fluid administered within two (2) hours after the arrest of such person;
4. Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle; or
5. Is under the combined influence of alcohol and any other intoxicating substance which may render such person incapable of safely driving or operating a motor vehicle.
If you have been charged with Actual Physical Control Oklahoma, call us for a free consultation.
Jeff Krigel is a Tulsa Criminal Defense Lawyer practicing in Tulsa and surrounding areas. Jeff is committed to protecting the rights of his clients.
“I treat my clients the way I would like to be treated. If I am not immediately available when you call, I return all calls within 24 hours.” – Jeff Krigel 918-994-2340