Actual physical control (APC) means having control over a vehicle while under the influence, even if you are not driving. In Oklahoma, you can face an APC charge while a vehicle is parked.
Oklahoma law makes it illegal to drive, operate, or be in actual physical control of a motor vehicle while under the influence of alcohol or certain drugs. Police do not have to see the vehicle moving to make an APC arrest.
What Actual Physical Control Means
Oklahoma courts describe actual physical control as having direct influence or control over a vehicle. The law covers people who have control of a vehicle even though they have not put it in motion.
For example, a person may be found intoxicated and asleep behind the wheel of a parked car. The engine may even be turned off. Those facts do not automatically prevent an APC charge. The purpose of the law is to allow police to act before an intoxicated person begins driving and creates a danger on the road.
Common Examples of APC Charges
APC cases often involve someone who is sitting or sleeping in a vehicle rather than driving it. Examples may include:
- Sleeping in the driver’s seat after drinking
- Sitting behind the wheel with the keys nearby
- Sitting in a parked vehicle with the engine running for heat or air conditioning
- Pulling onto the side of the road and staying behind the wheel
- Sitting in the driver’s seat of a vehicle parked in a driveway or parking lot
Whether these situations amount to APC depends on the facts.
Can You Be Charged With APC While Sleeping?
Yes. Oklahoma courts have upheld APC cases involving people who were asleep or unconscious behind the wheel.
Being asleep, having the engine turned off, or parking instead of continuing to drive is not an automatic defense for an APC charge. The facts must show that the person had actual physical control over the vehicle while under the influence.
Is APC the Same as DUI?
APC and DUI are closely related, but there is an important difference. A DUI case generally involves evidence that the person was driving or operating the vehicle.
An APC case does not require the state to prove that the vehicle was moving. This means a person who decides not to drive because they have been drinking could still face an APC charge if they remain in a position where they have control over the vehicle.
Important Evidence in an APC Case
No single fact decides every APC case. An Oklahoma City DUI defense lawyer may review details such as:
- Where the person was sitting
- Where the vehicle was parked
- Whether the engine was running
- Where the keys were located
- Whether the person could access the keys
- Whether the vehicle could be started or moved
- What officers saw when they arrived
- Statements made to police
- Blood or breath test results
The vehicle’s location can also matter, but private property does not automatically prevent an APC charge. Oklahoma courts have allowed APC cases involving vehicles parked in private driveways.
Possible Defenses to an APC Charge
Possible defenses can include:
- The person did not actually have control of the vehicle.
- The keys were out of reach or unavailable.
- The vehicle could not be driven.
- Alcohol or drug testing was unreliable.
- The state lacks proof of impairment.
- Police collected evidence unlawfully.
If you are facing an APC charge, speaking with a criminal defense lawyer can help you understand the evidence, potential penalties, and possible defenses.
