Defenses against an APC conviction in Oklahoma can include showing a lack of physical control, a lack of vehicle functionality, that the vehicle was on private property, or that there were procedural errors or inaccuracies. An Oklahoma City APC charges attorney can assess the details of your APC charges to determine what defense is most applicable.
How APC Charges Differ From a DUI
Unlike an Oklahoma City DUI, which involves actively driving under the influence of alcohol or drugs, an APC involves having actual physical control of the vehicle. APC requires access and the means to operate a vehicle in an impaired condition, even if you never even start the vehicle. APC charges are serious offenses in Oklahoma, which is why it is important to have a strong defense.
Oklahoma’s Definition of Actual Physical Control and Effective Defenses for Fighting These Charges
To be charged with APC, individuals must have physical control of a vehicle on public roads while having a blood alcohol concentration (BAC) of 0.08% or higher and lack the capacity to safely operate a vehicle due to the influence of alcohol or drugs, according to Oklahoma Statute § 47-11-902. These are the factors that a prosecutor must demonstrate. Our firm may use the defenses outlined below to argue that your actions did not meet the legal requirements for an APC offense.
Lack of Physical Control
Since the basis of APC charges is physical control, a lack of physical control is an important defense to make in these cases. The defense shows that you did not have the means to operate the vehicle. If you were not near the steering wheel or did not have your keys, then this can demonstrate a lack of control.
Lack of Vehicle Functionality
You cannot be in physical control of the vehicle if it is inoperable, which can be an effective defense against APC charges. This argument may be used if the vehicle is unable to run because of mechanical issues, lack of gas, or other applicable factors that prevent a vehicle from starting and being driven.
Parked on Private Property
Oklahoma law specifies that drivers cannot have physical control of a vehicle on any public road, highway, or other applicable public space when under the influence of alcohol. If your vehicle was parked on a private road or property, then you can use this as a defense, as it is outside the defined scope for APC.
Errors and Inaccuracies
Law enforcement must follow proper legal procedures and practices to ensure evidence is gained legally and handled according to all protocols. If you were arrested without reasonable cause, or evidence was tampered with, a lawyer can defend you from arguments based on procedural errors. Additionally, if blood or breath tests were not administered properly or were inaccurate, there are ways to challenge breath test results and protect your rights.
Fight an APC Conviction With the Help of a Lawyer
The outcome of your case is deeply affected by the defense used to combat your APC charges. To avoid a conviction, it is essential to have experienced Oklahoma City criminal defense legal support and representation on your side. Josh Lee & Associates has more than 20 years of experience successfully fighting for clients like you, and is ready to advocate for you when you contact us.
