APC stands for Actual Physical Control. It’s a charge that’s similar to a DUI (Driving Under the Influence) but with a key difference. With APC, you don’t have to be driving the vehicle. You just need to be in a position where you could potentially drive it.
An APC charge is a serious legal matter. You need to seek the advice and guidance of an experienced Oklahoma DUI defense lawyer.
Based in Oklahoma City, Oklahoma, the APC charges DUI defense lawyer team at Fabian & Young, represents clients in DPS hearings and in trial who have been charged with actual physical control (APC) of a motorized vehicle while intoxicated. This is basically the same charge as DUI.
This means if you called a friend for a ride and were sitting in your car, trying to stay warm until your friend arrived, you could be charged with an APC. Also, if you decided you are too impaired to drive and pulled over on the side of the road to nap or sober up, you can be charged with an APC violation.
We provide innovative and aggressive representation of individuals charged with an APC violation. The same considerations for a DUI arrest, a DUI hearing, DUI penalties and DUI expungement also apply to APC charges.
If you have been charged with an APC violation, Fabian & Young, contact our Oklahoma DUI and APC charges defense lawyer team. Discover how our experience can help you.
When Can I Be Charged with APC in Oklahoma?
Since driving a vehicle is not required to be charged with APC in Oklahoma, when and how you can be charged can be confusing. Some common examples of when you might be charged with this offense include:
- You’re sleeping in your parked car with the keys in your pocket.
- You’re sitting in the driver’s seat with the engine running, even if the car isn’t moving.
- You’re in your car in a parking lot, trying to “sleep it off” before driving home.
In all these cases, the police could charge you with APC if they think you’re drunk or on drugs.
Actual Physical Control (ACP) Charges are Serious Offenses in Oklahoma
APC is treated just as seriously as a DUI in Oklahoma. The penalties can be harsh and may include:
- Fines
- Jail time
- Loss of your driver’s license
- Higher insurance rates
- A criminal record that can affect your job prospects
According to Oklahoma law, it’s illegal to be in control of a vehicle when:
- Your blood alcohol level is 0.08 or higher
- You’re under the influence of alcohol (even if your level is below 0.08)
- You have any amount of illegal drugs in your system
- You’re under the influence of any substance (even legal ones) that makes it unsafe to drive
- You’re affected by a combination of alcohol and another substance
It’s important to note that the law covers more than just public roads. You can be charged with APC on private property too, like in a parking lot or even your own driveway!
What the Prosecution Needs to Prove for an APC Conviction
For you to be found guilty of APC, the police and prosecutors need to prove four main things:
- You were in control of a vehicle. This doesn’t mean you were driving, just that you could have driven if you wanted to.
- The vehicle was in a place covered by the law. This includes public roads, but also private roads and even driveways.
- You were under the influence of alcohol, drugs, or both. They might use a breath test, blood test, or other evidence to prove this.
- They tested your alcohol level within 2 hours of arresting you. This is important because alcohol levels in your body can change over time.
If they can’t prove all four of these elements, you might have a good defense against an APC charge.
What to Do If You’re Charged with APC
It is important to know what to do if you are arrested for an Actual Physical Control charge. If you’re arrested for APC, consider the following suggestions:
- Stay calm and be polite to the police, but don’t answer questions about drinking or drug use.
- Remember that you have the right to remain silent and the right to a lawyer. Use these rights – keep quiet and ask for an attorney.
- Don’t agree to any tests without talking to a lawyer first.
- As soon as you can, write down everything you remember about what happened.
- Contact an experienced Oklahoma actual physical control (APC) defense lawyer.
Remember, being charged with APC does not mean you’re guilty. The prosecutors have to prove their case beyond a reasonable doubt. With the help of a skillful actual physical control (APC) lawyer in Oklahoma, you might be able to fight the charges or at least reduce the penalties.
Why You Need an Experienced APC Defense Attorney in Oklahoma
If you’re facing an APC charge, there are important reasons why you need to retain an experienced actual physical control (APC) lawyer in Oklahoma. Some of those reasons include:
- The law is complicated. A lawyer who knows about APC and DUI cases can explain things to you and help you understand your options.
- The police might have made mistakes. There are strict rules about how the police should handle APC cases. If they didn’t follow these rules, your lawyer might be able to get your case dismissed.
- There might be good defenses in your case. For example, maybe you weren’t actually in control of the vehicle, or maybe the test results aren’t reliable. A skillful criminal defense lawyer can spot these defenses and use them to help you.
- The consequences are serious. An APC conviction can affect your life in many ways. A good lawyer will fight to protect your rights and try to get the best possible outcome for you.
- Plea bargains might be an option. In some cases, a lawyer might be able to negotiate a deal for you that’s better than risking a trial.
Contact Fabian & Young Today
Facing an APC charge can be scary, but you don’t have to face it alone. Understanding the law and your rights is the first step.
The next step is getting help from a skillful APC defense lawyer who knows how to handle these cases. They can guide you through the process, help protect your rights, and work to get you the best possible outcome.
Remember, every case is different. The specific facts of your situation matter a lot. That’s why it’s so important to talk to an experienced APC lawyer who can look at the details of your case and give you personalized advice.
Our Oklahoma APC charges defense lawyer team has unparalleled experience. We can help you with your driver’s license issues (your DPS hearing), as well as all suppression motions, preliminary hearings, and, if necessary, your trial.
Our attorneys have been responsible for shaping the drunk driving laws in Oklahoma, as well as for bringing the state chemical testing system to a screeching halt twice because of precedent-setting cases and raising innovative and precedent setting legal issues. For some examples, please visit our successes page.
To speak with one of our experienced Oklahoma APC defense lawyers regarding your APC charges, please call us at 405-232-4DUI (4384) or complete our intake form on our Contact Us page. No one will fight harder to protect your rights