Actual Physical Control in Oklahoma
One of the more confusing portions of Oklahoma’s DUI statute has to do with the concept of actual physical control, or APC. Under the law, a person can be charged with a DUI in our state for driving or being in “actual physical control” of a vehicle while under the influence of alcohol or drugs.
What is APC?
Essentially, this term refers to the driver having the capacity to drive the vehicle. This means that he or she is behind the wheel of the car with the keys either in the ignition or within reach. This does not mean, however, that the car needs to be in motion or even on; in fact, you can be arrested for DUI for being intoxicated and sitting in a parked car with the keys in your hand.
If the state can prove that you were both intoxicated and that you were in APC, you may be convicted of a DUI.
Defenses for Actual Physical Control
There are many potential defenses against a DUI based on the actual physical control rule. An experienced DUI defense attorney will examine all of the facets of your case, including the events that lead up to your arrest to determine whether or not the arresting officer followed proper protocol leading up to your arrest or if there are issues with the breath or blood test.