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You Don’t Have to Be Driving to Face DUI-Level Penalties.

Oklahoma can charge you with Actual Physical Control even if the vehicle never moved. Regain control with a same-day defense plan focused on whether the vehicle was operable, where you and the keys were located, the testing evidence, and every urgent deadline.

Former Prosecutor100% Criminal DefenseSame-Day Response
Kaylind N. Landes, Tulsa Actual Physical Control Defense Attorney
Kaylind LandesManaging AttorneyFormer Prosecutor

You have 40 days from the date Service Oklahoma generates your license revocation to request a hearing.

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Why people trust Landes Criminal Defense after an Actual Physical Control arrest

Former Prosecutor Insight

Kaylind has seen how cases are built from the state's side and uses that perspective to identify weaknesses in stops, testing, reports, and procedure.

Focused Criminal Defense

The firm handles criminal defense, substance-related charges, and expungements. We don't juggle a broad mix of unrelated civil matters.

Direct, Personal Representation

Clients receive direct access, clear next steps, and consistent case updates instead of feeling passed around to paralegals or junior associates.

"She was very professional and always was quick to respond. She got my DUI dismissed and I couldn't be more pleased with her work."

— Morgan

"Kaylind made a difficult situation much easier and helped me reach a much better outcome than I could've hoped for."

— Jimmy

"I can't say enough great things about Landes Criminal Defense. From the very first consultation, their team was professional, attentive, and genuinely invested in my case... If you're looking for a law firm that combines deep knowledge, responsiveness, and a client-first approach, I highly recommend them."

— Jack
Our APC Defense Approach

We challenge every element of the state's case.

APC cases turn on whether the state can prove you had actual physical control of an operable vehicle while under the influence. Here’s what we examine:

  • Challenging whether the vehicle was operable
  • Examining where you were seated and where the keys were located
  • Questioning whether you could actually direct the vehicle’s movement
  • Challenging whether the location falls within the APC statute
  • Showing that the vehicle was being used as shelter, not transportation
  • Testing the legality of the police contact and chemical testing

Don't wait to get help.

Every day without legal counsel is a day the state uses to build its case against you.

Call (918) 212-8561

Free · Confidential · No Obligation

What happens when you contact us?

1. We listen

We ask where you were found, whether the vehicle could run, where the keys were located, and gather the immediate facts.

2. We check deadlines

We check urgent deadlines immediately, specifically the 30-day license/IDAP window.

3. We explain your options

We explain possible next steps in plain English, with no legal jargon.

4. You decide

You decide whether you want our help. There is no pressure and no obligation.

Facing an Actual Physical Control charge? Start with a confidential case review.

Common Questions

APC defense questions, answered.

Get answers to the questions we hear most often from clients facing Actual Physical Control charges in Oklahoma.

Have a specific question? Call us.

In terms of penalties and legal consequences, yes. Oklahoma law treats APC identically to DUI — the same jail time, fines, license revocation, assessment requirements, and felony enhancement rules apply. A prior APC conviction counts as a predicate offense for future DUI enhancement, and vice versa. The only difference is the factual scenario: DUI requires driving, while APC requires only being in a position to control the vehicle.

Yes. This is actually the most common APC scenario. If you are intoxicated and found in or near an operable vehicle with keys accessible — even if the engine is off and you are asleep — you can be charged with APC. However, this factual scenario also creates strong defense opportunities, particularly the argument that you were using the vehicle as shelter with no intent to drive.

No. The engine does not need to be running. The key factors are whether the vehicle is operable (capable of being driven) and whether you have access to the keys. Being in the driver's seat with keys in the ignition is the strongest case for APC, but courts have also considered cases where keys were in a pocket, on the floorboard, or in the center console.

Yes, under certain circumstances. If you are intoxicated, sitting in the passenger seat, and have the keys to an operable vehicle, you could potentially be charged with APC. The prosecution would need to establish that you were in a position to "direct the movement" of the vehicle, which is harder to prove from the passenger seat but not impossible.

Yes. APC triggers the same Service Oklahoma license revocation proceedings as a DUI — 180 days for a first offense, one year for a second, and three years for a third or subsequent offense. You can maintain driving privileges by enrolling in the IDAP program and installing an ignition interlock device.

A first-offense APC is a misdemeanor. However, a second APC (or DUI) within 10 years is a felony carrying up to 5 years in prison. A prior DUI enhances a subsequent APC to a felony, and a prior APC enhances a future DUI. However, a prior DWI (BAC of 0.06-0.08) does not count as a predicate for felony enhancement.

Yes. APC cases are highly defensible because the "physical control" element is subjective and fact-dependent. If the vehicle was inoperable, if you were not in a position to direct its movement, or if the police contact was unlawful, the charge may be dismissed. Plea negotiations may also result in a reduction to a lesser offense such as DWI or reckless driving. Deferred sentences are available for first-offense APC, allowing the charge to be dismissed upon completion of probation.

Yes. Oklahoma's APC statute applies to public roads and private roads accessing a dwelling, which courts have interpreted to include driveways. Even being in your own driveway while intoxicated with keys in an operable vehicle can result in an APC charge.

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