Imagine hitting the bar and having a few too many drinks to drive home. Instead, you decide to head out to your vehicle and sleep it off. Did you know that in doing this, you can suffer the consequences of a DUI even if you were not physically driving your vehicle?
Under Oklahoma law, an APC (Actual Physical Control) charge carries many of the same penalties as a DUI. You can receive an APC charge for having your keys in your possession and being in or near your vehicle. If you have been arrested on an APC charge, you need an experienced attorney who knows how to challenge these charges and help protect your driving privileges. Contact our Oklahoma City criminal defense lawyers at Josh Lee & Associates today to put our experience to work for you.
Why Hire Josh Lee & Associates?
Actual Physical Control charges carry serious penalties, and the consequences of an APC conviction can stay with you for many years. You might even lose your license, and this can make day-to-day activities nearly impossible. At Josh Lee & Associates, we know how serious these charges are, and we know what it takes to challenge the prosecution’s case.
Our founding attorney has over 20 years of experience, and he has spent most of his career representing clients accused of DUI or APC charges. We will give you the personal attention you deserve and listen to every detail of your case. This allows us to put together a winning strategy that gives you the best odds of keeping a conviction off your record and keeping your driving privileges intact. Contact our Oklahoma City APC charges lawyers or DUI lawyers today for a free consultation.
Elements Of An APC Charge
APC charges are quite similar to DUI charges, although there is one important distinction in the elements that must be proven by the state. One element that must be proven in a DUI case is the fact that the defendant was driving or operating the vehicle. However, there is no requirement in APC cases that the defendant was driving or operating the vehicle.
Instead, the state must prove that the defendant was in “actual physical control of a motor vehicle” under Okla. Stat. tit. 47 § 11-902. Additionally, the vehicle must be on a public road or private road with access to at least one residence. Finally, the defendant must have a blood or breath alcohol concentration of 0.08% or more or must have been under the influence of alcohol or other intoxicating substances. The defense attorney you choose should understand all these elements in detail and know how to challenge each one.
Penalties For APC Convictions
The penalties for an APC conviction are severe, even for a first violation.
- First Offense:
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- Jail time – minimum of 10 days, up to 1 year
- Fines – up to $1,000
- Mandatory completion of substance abuse program
- Second Offense:
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- Jail time – minimum of 1 year, up to 5 years
- Fines – up to $2,500
- Mandatory completion of substance abuse program
Additional extenuating circumstances or further convictions bump the penalties even higher. Plus, you will have your driver’s license suspended or revoked after a conviction. Given the high stakes of these types of charges, it is crucial that you have an experienced attorney working on your side to help get you the best possible outcome.
Do Not Forget About Collateral Consequences
An APC conviction can have lasting effects beyond fines and jail time. Collateral consequences, such as increased insurance premiums, difficulty finding employment, and damage to one’s reputation, often persist long after the legal penalties are resolved. Understanding these indirect consequences is critical when you need to know the long-term impact of an APC conviction.
For instance, employers in industries requiring a clean driving record may hesitate to hire someone with an APC on their record. Additionally, insurance companies may classify individuals with APC convictions as high-risk, leading to significant increases in premiums. Addressing these collateral consequences requires careful planning and a proactive approach to minimize their impact.
Challenging APC Allegations in Oklahoma City
APC charges can be challenged using various defense strategies, depending on the specific circumstances of the case. The goal of these defenses is to demonstrate that the accused was not in actual physical control of the vehicle or that the evidence against them is insufficient. These defenses could be your best opportunity to protect your rights.
Challenging Actual Physical Control
Your criminal defender may argue that the accused did not have immediate control of the vehicle at the time of the alleged offense. For example, if the keys were in the trunk or another location out of reach, it can weaken the prosecution’s case. Evidence such as the vehicle’s location, your position, and intent can play a significant role in this defense.
Questioning BAC Results
Challenging the accuracy of blood alcohol concentration (BAC) test results is a common defense strategy in APC cases. As outlined by the Oklahoma Board of Tests for Alcohol and Drug Influence, breath or blood tests used to determine BAC can be flawed due to improper administration, faulty equipment, or contamination during the testing process. These errors can lead to unreliable results.
For example, if a breathalyzer machine was not calibrated correctly, the results may overestimate the individual’s level of intoxication. Similarly, delays between the time of the alleged offense and the administration of the test can result in inaccurate readings. Our team can examine the chain of custody, calibration records, and testing procedures to identify inconsistencies that weaken the prosecution’s case.
Proving Lack of Public Access
The location of a vehicle can play a significant role in defending against APC charges. Oklahoma law requires that the vehicle be on a public road or a private road with access to at least one residence to meet the criteria for APC. If the vehicle is parked on private property without public access, the charges may not apply.
For example, if the vehicle was parked in a gated driveway or a private lot with no public access, the prosecution may struggle to prove that the APC laws were violated. Evidence such as photos, property maps, or testimony from witnesses can support this defense. Demonstrating that the vehicle’s location does not meet the legal definition of public access could make all the difference in the outcome of your case.
Proving Involuntary Control
In some cases, we may be able to argue that you were not voluntarily in control of the vehicle at the time of the incident. For example, if you were placed in the vehicle by another person or were incapacitated, it may be possible to demonstrate that you did not have the ability or intention to operate the vehicle. This defense focuses on the lack of intent or control over the situation.
Evidence such as witness statements, video footage, or medical records can help support this argument. For instance, if a person was unconscious or unable to access the vehicle’s keys, it challenges the claim of actual physical control.
Contact An Oklahoma City APC Charges Defense Attorney Today
If you are facing an APC charge, contact the office of Josh Lee & Associates today. You need an APC charges attorney in Oklahoma City who can start working for you right away to help protect your legal rights and your driving privileges. Our criminal defense attorneys have the knowledge and experience you need on your side when up against these charges. Contact or call us at (405) 759-5529 today for a free consultation and learn how we can help you.
