What is Actual Physical Control?
Actual Physical Control (APC) is related to driving while under the influence of alcohol or drugs. However, you don’t have to be driving to get an APC charge. In order to be in actual physical control of a vehicle, you have to be in or near the vehicle with the keys in your possession.
For example, some people who leave a bar drunk don’t get a ride home. They have enough sense to know not to drive themselves home, so they decide to sleep it off in their car. A police officer could see them, check their BAC, and charge them with APC if they have their keys with them.
The reasoning is that the person was capable of starting their car and driving it. In a sense, it’s a preventative or preemptive measure. The best way to avoid an APC charge is to stay away from your vehicle if you’re under the influence.
What are the elements?
There is an Oklahoma law called Being in Actual Physical Control of a Motor Vehicle While Under the [Combined] Influence of Alcohol/(An Intoxicating Substance). According to the Oklahoma Court of Criminal Appeals (OCCA), the prosecution must prove certain elements beyond a reasonable doubt in order to secure a conviction. They are:
- being in actual physical control of a motor vehicle
- on a public or private road, street, highway, turnpike, alley, or land with access to at least one house
- with a blood/breath alcohol concentration of 0.08+ OR while under the influence of alcohol OR while under the influence of both, which may render a person incapable of safely driving a motor vehicle (OUJI-CR 6-20)
If you’ve been charged with APC in Tulsa, an accomplished defense attorney can help you build a rock-solid defense.
Penalties for APC
The penalties for APC can be pretty severe, depending on whether it’s your first charge. On your first offense, it’s a misdemeanor. You’ll be required to participate in an alcohol and drug substance abuse evaluation and assessment program and follow all recommendations made in the program. You could spend between 10 days and a year in jail and pay a fine of up to $1,000.
A second offense within ten years of completing your sentence or deferred judgement for the first offense is a felony. There’s the same program requirement, or you could get one to five years in jail or a fine of up to $2,500, or all three.
If you have a felony conviction for reckless driving, driving while intoxicated, APC, or negligent homicide and you get charged with APC, it’s a felony. You’d have to complete the program or spend one to ten years in jail and pay a fine of up to $5,000. You may have to do all three.
If you have two such felony convictions or a conviction for second-degree murder or first-degree manslaughter for a death caused by DUI, jail time, fines, and other penalties worsen (Okla. Stat. tit. 47 § 11-902).
No matter what penalties you face for an APC charge, an experienced defense attorney in Tulsa can offer you skilled legal counsel to give you the best chance at your desired outcome.
Initial Consultation with a Tulsa Defense Attorney
If you’ve been charged with APC in Tulsa, a defense attorney from the Tulsa Criminal Defense Law Firm can fight for your rights and your freedom. For a low-cost initial strategy session, call (918) 256-3400. You can also click “Start My INITIAL Consultation” at the top of the page.