Actual Physical Control (APC) Of A Motor Vehicle While Intoxicated
DUI vs. Actual Physical Control
Legally speaking, a driver becomes impaired when the percentage of alcohol in his or her bloodstream (a measurement referred to as blood alcohol content, or BAC) reaches 0.08% or higher. Essentially, this means that even if you show no signs of intoxication, you can face criminal DUI charges for driving with an illegal amount of alcohol in your system—but the keyword here is driving. For an act to constitute driving under the influence in Oklahoma, you must be operating a vehicle at the same time that you have a BAC above the legal limit.
However, you do not always have to be driving while impaired to face criminal charges. Under state law, simply being in possession of a vehicle while you are impaired is enough to warrant your arrest—only instead of DUI, you’ll be charged for having actual physical control of a motor vehicle while intoxicated.
Criminal Penalties of APC
Although APC is not generally treated as seriously as DUI, it is still a criminal offense. As long as you have no prior convictions, a first APC is a misdemeanor, and a conviction carries the following penalties:
- Automatic license suspension
- 10 days to one-year in jail
- And/or maximum $1,000 fine
However, if you are convicted of a second APC within a 10-year period, the charge will be elevated to a felony offense with penalties that include:
- One to five years in prison
- Mandatory alcohol or substance abuse treatment
- And/or a fine of up to a $2,500
If you are found guilty of a third charge within 10 years, the offense will once again be upgraded to a felony. This time, however, your sentence will include:
- Maximum 10-year prison sentence
- Mandatory substance abuse treatment
- Up to $5,000 in fines,
- 250 hours of community service
You will also be required to have an ignition interlock device installed in your vehicle. In addition, a felony conviction on your record may result in the loss of your right to vote, carry a firearm, and obtain a passport.