You were not driving, but you are still facing DUI-level penalties.
Oklahoma law treats Actual Physical Control (APC) exactly the same as a traditional DUI charge. An individual may be convicted of APC if they are found to be under the influence of alcohol or drugs while in a position to easily direct the movement of a motor vehicle, regardless of whether the vehicle is currently in motion. This statutory net captures scenarios where an intoxicated person is discovered asleep in the driver's seat with the keys in the ignition or within immediate reach. The penalties, collateral consequences, and felony enhancement rules for APC mirror those of a standard DUI perfectly. The underlying legal rationale is strictly preventative; the statute aims to interdict impaired individuals before they initiate vehicular movement, neutralizing the threat to public safety at its very inception.
APC carries exactly the same statutory penalties as a standard DUI. A first offense is a misdemeanor carrying 10 days to 1 year in jail and up to a $1,000 fine. Repeat APC offenses are enhanced to felonies following the exact same 10-year lookback procedures as standard DUIs. The Department of Public Safety will also initiate identical driver's license revocation proceedings. The State can also use a prior DUI to enhance a later APC, and vice versa. A prior APC can enhance a future DUI.
APC cases are highly defensible because the prosecution must prove "physical control" — a subjective standard. We argue that the vehicle was inoperable, that you had no intent to drive, that you were using the car as shelter, or that the circumstances do not meet the legal definition of control. Court decisions have established that simply sitting in a parked car with the keys nearby is not always enough for APC.
We defend actual physical control of a vehicle cases in courts across northeastern Oklahoma, including state, federal, and tribal jurisdictions.
A DUI arrest does not have to define your future.
Aggravated DUI charges demand an aggressive defense.
A second DUI within 10 years is a felony. The stakes are much higher now.
A third DUI charge demands the most aggressive defense possible to protect your freedom.
A fourth DUI triggers maximum felony penalties. Do not face this without an experienced advocate.
Schedule a free, confidential consultation. A former prosecutor will review your case and outline your best defense options.