APC Charges in Oklahoma
I have known John for about 6 years now in his capacity as a Judge Advocate and a civilian attorney. John has a rare blend of both sharp analytical and interpersonal skills. I have seen John achieve positive outcomes for clients in complex scenarios and If you need an attorney who can do the same for you – this is your guy. – Alan Merriman
Defending APC Charges
It is important to know your rights and retain an Oklahoma APC Defense Attorney if you or a loved one is charged with APC in Oklahoma. DUI charges consist of not only criminal charges and the potential for stiff penalties, including jail time and fines, but additionally, the potential loss of your Driver’s License. The Oklahoma Department of Public Safety “DPS” has authority over Driver’s License actions in Oklahoma. The criminal process for a APC in Oklahoma will be conducted in the municipal or state court and the administrative process to attempt to save your Driver’s License is carried out by DPS with different parties and different rules than the criminal process. Cannon Law Firm is proud to represent clients in both processes at the same time to ensure your interested are protected.
What does APC mean?
APC stands for being in actual physical control of a motor vehicle while under the influence of alcohol or other intoxicant. You may be charged with criminal APC, if you are in control of an operational motor vehicle or have the ability to operate the motor vehicle. Specifically, you must be in “actual physical control of a motor vehicle”; on a public road, private road; while having an alcohol concentration of .08 or more. You may find the law governing APC by following this link. It your ability to operate the vehicle, while intoxicated that the Legislature has deemed illegal, not the fact that you previously drove while intoxicated, which is a DUI or DWI.
What is the punishment for APC?
APC carries the same punishment as a DUI in Oklahoma. A first time APC conviction will be a misdemeanor offense as long as you have not had a predicate offense within ten years, a DUI, DWI, APC, or Aggravated DUI. APC carries between ten days in jail and a maximum punishment of one year in jail. 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 of 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. Felony APC or DUI carries between one year in prison to a maximum of five years in prison as well as a fine up to $2,500.
APC and Your Driver’s License
The Driver’s License process for a DUI is mirrored in APC cases. You must request an Administrative Driver’s License Suspension Hearing within 15 days of your APC arrest in order to be entitled to a hearing before DPS to attempt to save your driver’s license. The Hearing Officer is only concerned with whether or not law enforcement abided by the Board of Test “BOT” rules. Specifically, the arrest procedures, field sobriety testing, and chemical testing. Additionally, the Hearing Officer will consider whether your refusal of the chemical test was valid. Your access to an administrative hearing is forever lost, if you do not request the hearing within 15 days of your arrest.
Experienced APC Defense Attorney
Contact Cannon Law Firm in Oklahoma City for your APC defense. You have the right to the presumption of innocence and to fight to retain your driving privilege. John Cannon is a Fierce Advocate for every client and will use his experience and respected reputation to do everything possible to reach the best possible outcome in your APC case. A conviction for APC or loss of your license may have long lasting effects and penalties. John has been recognized as a Top 40 under 40 in Criminal Defense by the National Trial Lawyers Association.
Contact Cannon Law Firm today if you have been charged with APC, Aggravated DUI, DUI, or DWI charges in Oklahoma. Cannon Law Firm has an outstanding record of reaching the best possible outcome for hundreds of clients accused of the wide variety of criminal charges in Oklahoma, including APC, evidenced by John receiving the highest possible AVVO rating – 10 (superb). Call our office at (405) 888-7369 for a free confidential consultation and case evaluation.