The penalties for an APC conviction can include fines, community service, jail time, and treatment, and are often determined by the severity of the offense, the age of the offender, and whether or not the offender has a criminal history. An Oklahoma City APC charges attorney can take all these factors into account when fighting to get charges reduced or dismissed.
Understanding APC Charges
Per Oklahoma Statute § 47-11-902, actual physical control (APC) of a vehicle while you are in a public space under the influence of alcohol is illegal and is grounds to be penalized if convicted. Under the scope of this statute, you do not have to be driving to violate this law. You just have to have the ability to operate the vehicle while impaired. For example, sitting or sleeping in the backseat while you have a blood alcohol concentration (BAC) of 0.08% or more could be enough to be charged.
Penalties for APC Convictions
Penalties for APC convictions can vary in severity depending on age, criminal history, and the specific factors involved in the offense. Additionally, a lawyer may also be able to defend you against APC charges and get more favorable sentencing terms, so penalties are not as severe. In some cases, they may even be able to get your penalties dismissed. Below is a closer look at some common penalties associated with APC convictions.
Individuals Under the Age of 21
Individuals under the age of 21 may face less severe penalties for a first offense. Offenses at this level may include fines between $100 and $500, 20 hours of community service, and/or completion of a treatment program.
Repeat offenses can also elevate the penalties that could be levied for these offenses. Individuals under the age of 21 could receive a minimum of 240 hours of community service, fines ranging from $100-$1,000, and be required to install an ignition interlock system in their vehicle.
For a third offense, penalties are further elevated to 480 hours of community service and $1,000-$2,000 fines. Individuals may also still be required to install an ignition interlock device. It’s also important to be aware that ignition interlock devices may only be used after a license revocation period.
Individuals Over the Age of 21
While the penalties for an APC for an individual over the age of 21 are similar to those below this threshold, they are more serious. Adults convicted of APC could be sentenced to time in jail ranging from 10 days to a year, and be subject to fines of up to $1,000. Evaluation and treatment in alcohol or drug programs may also be required.
Second offenses are often punishable with up to $2,500 in fines, a 1-5 year jail sentence, and/or evaluation and treatment. Third offenses elevate these punishments to 1-10 years in jail, a maximum fine of $5,000, 240 hours of community service, evaluation and treatment, and the installation of an ignition interlock system.
Lawyers Can Help Reduce APC Penalties
Legal support can help mitigate potential penalties that you could receive if convicted and sentenced for an APC offense. OKC defense lawyers can advocate on your behalf and negotiate lower penalties to ease the impact on your life. Discuss your options with Josh Lee & Associates when you contact us.
