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Actual Physical Control (APC)

Oklahoma Actual Physical Control Defense Attorneys

APC Defense Lawyers in Oklahoma 

In Oklahoma, DUI is not the only alcohol-related driving offense that you can be cited for. There are several other alcohol related driving offenses. Driving while impaired (DWI), for example, is a lower-level offense than DUI. 

Another alcohol-related driving offense that Oklahomans may not be aware of is “Actual Physical Control,” or APC. This charge means that although you weren’t actually driving your vehicle – that is, even if your vehicle was not moving – you still had the ability to control it while under the influence of drugs or alcohol. For example, if the police find you passed out due to intoxication in the driver’s seat of your vehicle, you could be charged with APC even if your car is parked and the keys are not in the ignition. APC cases are not necessarily clear cut and there are several ways to attack whether there was actual physical control of the vehicle.

APC is basically the same as a DUI with the exception of the driving element.  It is in the same statute that states it is illegal to “drive, operate or be in actual physical control.” A prior DUI charge can be used to enhance a new APC charge to a felony and conversely, a prior APC charge can be used to enhance a new DUI charge to a felony.  The punishment and license consequences are the same as well.

Our team at Hunsucker Legal Group includes a board-certified criminal law specialist. Our attorneys defend hundreds of clients every year against alcohol-related driving charges like DUI, DWI, and APC. Remember, in every case, the burden of proof is on the prosecution. In an APC case, it is up to them to prove beyond a reasonable doubt that you were, in fact, in control of your vehicle. If the state cannot prove every element of the charge, then the case must be dismissed. We understand how to effectively approach these proceedings and can fight to protect your rights and future.

If you didn’t drive while intoxicated, you did the right thing – but that doesn’t necessarily mean you won’t still face criminal charges. Schedule a free consultation with our Oklahoma Actual Physical Control defense lawyers to learn more about your rights and options by calling (405) 544-2992 or contacting us online.

We Can Pursue Effective APC Defense Strategies 

Our Oklahoma actual physical control defense lawyers can fight to help you avoid the life-altering penalties that come with any APC conviction. Our team at Hunsucker Legal Group can examine the evidence to determine if law enforcement had reasonable suspicion to approach or arrest you in the first place. 

If you have been arrested for API in Oklahoma, don’t wait to schedule a free, no-obligation consultation. We are available 24/7, so call (405) 544-2992 or contact us online now.

  • INTERNATIONALLY RECOGNIZED AS A LEADER IN THE FIELD OF DUI DEFENSE John Hunsucker, The Only Board Certified DUI Defense Attorney in Oklahoma City By The National College Of DUI Defense
    As a leading authority in Oklahoma DUI defense, John and the Hunsucker Legal Group have argued successfully to the Oklahoma Appellate Courts several issues relating to drivers license issues that resulted in thousands of clients having their license returned without any license revocation.
  • FIGHT FOR YOUR LICENSE Brian Morton, Former Assistant General Counsel for the Oklahoma Department of Public Safety
    Focused solely on Driver’s License Defense, he fights tirelessly for the rights of our clients, using his unique perspective and expertise to secure the best possible outcomes. His in-depth knowledge of DUI law, including implied consent and prosecutorial tactics, makes him an invaluable asset to your case.

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