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” (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.
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 a 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.
