Actual Physical Control of a Vehicle

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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. This could look like a person sleeping behind the wheel while the car is stopped, but has the potential of turning on the car and driving at any point.

Being charged with an APC offense carries serious penalties and consequences. It is important to hire a Fierce Advocate, if you are facing APC charges in Oklahoma to fight your case and hold the government to its burden before you are found guilty. Law enforcement must follow multiple steps in an APC investigation or your case can be dismissed; ensure you hire an experienced APC defense lawyer / DUI defense lawyer to fight your case.

Oklahoma Statutes

The statute for Actual Physical Control of a Vehicle While Under the Influence is OKLA. STAT. tit. 47 § 902, which states that “It is unlawful and punishable as provided in this section for any person to drive, operate, or be in actual physical control of a motor vehicle within this state, whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings, who:

  • Has a blood or breath alcohol concentration, as defined in Section 756 of this title, of eight-hundredths (0.08) or more at the time of a test of such person's blood or breath administered within two (2) hours after the arrest of such person;
  • Is under the influence of alcohol;
  • Has any amount of a Schedule I chemical or controlled substance, or one of its metabolites or analogs in the person's blood, saliva, urine or any other bodily fluid at the time of a test of such person's blood, saliva, urine or any other bodily fluid administered within two (2) hours after the arrest of such person;
  • Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle; OR
  • Is under the combined influence of alcohol and any other intoxicating substance which may render such person incapable of safely driving or operating a motor vehicle.”

Elements of the Crime

In order to be convicted of Actual Physical Control of a Vehicle While Under the Influence in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove:

1)  being in actual physical control of a motor vehicle;

2) on a public road, street, highway, turnpike, street, place, private road, alley, lane, which provides access to one of more single or multi-family dwellings;

3) while having a blood or breath alcohol concentration of 0.08 or higher, or while under the influence of alcohol, or while under the influence of any intoxicating substance other than alcohol, or the combined influence of alcohol and any other intoxicating substance which may render a person incapable of safely driving a motor vehicle.

4) the blood or breath alcohol test was administered within 2 hours after arrest.

Oklahoma Jury Instruction #6-20.

What the Skilled Lawyers at Cannon & Associates Can Do For You

Being charged with Actual Physical Control of a Vehicle While Under the Influence in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.

Contact – Cannon & Associates: Oklahoma Criminal Defense

Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.


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