Actual Physical Control (APC) Of A Motor Vehicle While Intoxicated (2024)

DUI vs. Actual Physical Control

Legally speaking, a driver becomes impaired when the percentage of alcohol in his or her bloodstream (a measurement referred to as blood alcohol content, or BAC) reaches 0.08% or higher. Essentially, this means that even if you show no signs of intoxication, you can face criminal DUI charges for driving with an illegal amount of alcohol in your system—but the keyword here is driving. For an act to constitute driving under the influence in Oklahoma, you must be operating a vehicle at the same time that you have a BAC above the legal limit.

However, you do not always have to be driving while impaired to face criminal charges. Under state law, simply being in possession of a vehicle while you are impaired is enough to warrant your arrest—only instead of DUI, you’ll be charged for having actual physical control of a motor vehicle while intoxicated.

Criminal Penalties of APC

Although APC is not generally treated as seriously as DUI, it is still a criminal offense. As long as you have no prior convictions, a first APC is a misdemeanor, and a conviction carries the following penalties:

  • Automatic license suspension
  • 10 days to one-year in jail
  • And/or maximum $1,000 fine

However, if you are convicted of a second APC within a 10-year period, the charge will be elevated to a felony offense with penalties that include:

  • One to five years in prison
  • Mandatory alcohol or substance abuse treatment
  • And/or a fine of up to a $2,500

If you are found guilty of a third charge within 10 years, the offense will once again be upgraded to a felony. This time, however, your sentence will include:

  • Maximum 10-year prison sentence
  • Mandatory substance abuse treatment
  • Up to $5,000 in fines,
  • 250 hours of community service

You will also be required to have an ignition interlock device installed in your vehicle. In addition, a felony conviction on your record may result in the loss of your right to vote, carry a firearm, and obtain a passport.

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Actual Physical Control (APC) Of A Motor Vehicle While Intoxicated (2024)

FAQs

Actual Physical Control (APC) Of A Motor Vehicle While Intoxicated? ›

Actual physical control in DUI cases means a person was physically in or on the vehicle and had the capability to operate the vehicle, regardless of whether he or she is actually operating the vehicle at the time or if the vehicle even was turned on.

What is actual physical control of vehicle while intoxicated in Oklahoma? ›

In the state of Oklahoma, you may be criminally charged for simply sitting in your vehicle with a blood alcohol content (BAC) of . 08% or more. The charge is called actual physical control or APC, and it is commonly referred to as a non-driving DUI.

Is APC a felony in Oklahoma? ›

Additionally, APC carries a maximum fine of $1,000. Unfortunately, if you are charged and convicted of a second APC within ten years of completing probation for a previous DUI or APC, then your charge will be a felony, which carries heavy fines and costs than a misdemeanor, and potentially prison time.

What is the actual physical control? ›

The “actual physical control” part of the law protects people who weren't actually driving when they were arrested. Situations where there is a car is crashed and incapable of moving, or someone is passed out behind the wheel are the most common examples.

What is APC while under the influence? ›

Actual Physical Control of a Vehicle. Actual Physical Control of a Vehicle While Under the Influence (“APC”) is a crime that has the potential of turning in to a DUI, but the would-be-driver is not currently driving.

What is actual physical control in Oklahoma? ›

08; even if you weren't driving you could still be charged with APC. You can even be charged with APC parked in front of your house with no intention of operating the car. While legally distinct from a DUI, Actual Physical Control occurs when you register a BAC of . 08 or higher and are in charge of the vehicle.

What is the actual physical control charge in Oklahoma? ›

Actual physical control, or APC, is similar to a charge of driving under the influence (DUI), except you do not have to be driving the vehicle. Under an actual physical control charge, you just need to have the ability to operate the vehicle and have a blood alcohol content (BAC) of 0.08 or more.

What is APC charge? ›

Article Processing Charges (APCs) are charged to authors of scholarly articles during the publication process. APCs are used by open access journals in lieu of subscription fees that libraries and readers traditionally have paid to gain access to research articles.

What is APC in police terms? ›

Actual Physical Control (APC) Of A Motor Vehicle While Intoxicated.

How much is a felony in Oklahoma? ›

A felony in Oklahoma is any crime punishable by the death penalty or by imprisonment in a state prison. Oklahoma state felony convictions may result in fines ranging from $1,000 to $25,000 or more, and prison time up to 35 years or life.

How many points is a physical control? ›

While an OVI comes with 6 license points, physical control doesn't have any because it's not a moving violation. However, you can still face court-ordered drug or alcohol treatment and hefty fines.

What is the function of physical control? ›

Through knowing where items should be located within a collection, physical control makes it possible to more readily recognize when and which items are missing. Physical control also provides better access to a collection's materials.

What is physical control description? ›

More Definitions of Physical control

Physical control means being in the driver's position of the front seat of a vehicle or in the driver's position of a streetcar or trackless trolley and having possession of the vehicle's, streetcar's, or trackless trolley's ignition key or other ignition device.

What is the APC summary? ›

Age-Period-Cohort (APC) analysis is used to disentangle observed trends (e.g. of social, economic, medical or epidemiological data) to enable conclusions about the developments over three temporal dimensions: Age, representing the developments associated with chronological age over someones life cycle.

What is a physical control misdemeanor in Ohio? ›

(2) "Physical control" means being in the driver's position of the front seat of a vehicle or in the driver's position of a streetcar or trackless trolley and having possession of the vehicle's, streetcar's, or trackless trolley's ignition key or other ignition device.

What does APC area stand for? ›

In healthcare, APC stands for either advanced practice clinician or ambulatory payment classification.

What is driving under the influence of intoxication? ›

Consuming alcohol:

If your PAS shows a BAC of 0.05% or higher, the officer may require you to take a breath or blood test. If a later test shows you have a BAC of 0.05% or higher, you may be arrested for a DUI and your driving privilege may be suspended.

Can a passenger get a DUI in Oklahoma? ›

DUI laws in Oklahoma only apply to the person who was in control of the vehicle. If you're a passenger in someone else's car, minding your own business and trying to get home for the night, you can't be charged with a DUI.

What is public intoxication in Oklahoma? ›

It is unlawful for any person to appear or be upon or in any street, alley, or other public place in the city in a state of intoxication. It is unlawful for any person to drink intoxicating liquor or beverage upon or in any street, alley, or other public place within the city.

What is actual physical control in Florida DUI? ›

However, in Florida, you can be arrested for simply being in actual physical control of your vehicle while under the influence. This means if you are sitting in your parked car attempting to sleep off the effects of a night of drinking, even if the car is turned off and in park, you still can be arrested for DUI.

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