Basically, APC, or actual physical control, is like a DUI charge but without the driving component.
The Oklahoma Court of Criminal Appeals held that the crime of actual physical control “is committed when an intoxicated person has direct influence, i.e. control, over the vehicle, even if that person is unconscious.” State v. Ballenger, 514 P.3d 478, 483 (Okla. Crim. App. 2022).
The Court has also upheld convictions where an intoxicated person was asleep in the driver’s seat but in his own driveway rather than on a public street.
The Penalty For Actual Physical Control (APC)
The crime of being in actual physical control of a motor vehicle while under the influence has the same penalty as DUI.
A first time offense is a misdemeanor, with a punishment of 10 days to one year in the county jail, unless given probation.
The Court will also impose a fine of no more than $1,000.
See related article: Understanding Plea Bargaining | What It’s All About.
Additionally, the defendant must follow recommendations in a mandatory assessment and evaluation.
Further, the defendant must attend a victim’s impact panel.
Payment of a $100 assessment to be deposited in the Drug Abuse Education and Treatment Revolving Fund.
Instances Where APC Can Be A Felony
An actual physical control violation within 10 years of completing the sentence or probation of a previous violation is a felony.
In that instance, punishment is one to 10 years in prison unless given probation. Additionally, the court will impose a fine of up to $5,000.
Looking For An APC Defense Attorney?
If you or anyone you know has been arrested for actual physical control (APC), call 918-277-4800 for a free initial consultation. Or, contact us on the web.
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