In Oklahoma, DUI is not the only alcohol-related driving offense that you can be cited for. 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 the vehicle—that is, even if the vehicle was not moving—you still had the ability to control it. For example, if the police find you passed out in the driver’s seat of your vehicle, you could be charged with APC even if the car is parked and the keys are not in the ignition.
The heart of the issue in any APC case is the legal definition of “actual physical control.” In some instances, police may try to charge you with APC if you are simply standing near your vehicle while intoxicated. If you had the keys to the vehicle in your pocket, the prosecution may argue that you did, in fact, have physical control of the vehicle. The case law on actual control is weak, however these tend to be great cases to try as most juries are not likely to convict someone for doing the right thing.
The Hunsucker Legal Group—Quality Representation You Can Count On
The Hunsucker Legal Group, based in Oklahoma City, defends hundreds of clients every year against alcohol-related driving charges such as 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 the vehicle. If the state cannot prove every element of the charge, then the case must be dismissed.
APC and Your Driver’s License
If charged with APC, you can expect the same penalties against your license that a DUI charge would incur. Your driver’s license will be confiscated and you will be issued a temporary driving permit, good for 30 days from the arrest. You will then have 30 days to contact the Oklahoma Department of Public Safety (DPS) to request an administrative license hearing. If the hearing is not requested within 30 days of your arrest, your license will be automatically revoked on the 30th day.
If you have been charged with APC in Oklahoma, call the Hunsucker Legal Group at 405-231-5600 to schedule a free case consultation and ensure that the DPS administrative hearing is requested in time.
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