APC Charges Defense in Oklahoma
Defending APC Charges
It is important to know your rights and retain an Oklahoma DUI & 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 an 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 & ASSOCIATES is proud to represent clients in both processes at the same time to ensure your interests 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 another 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, or private road; while having an alcohol concentration of .08 or more. You may find the law governing APC by following this link. It is 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.
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.
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 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 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. 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.
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.
Experienced APC Defense Attorney
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 & Associates: Oklahoma Criminal Defense
If you have been charged with APC, Aggravated DUI, DUI, or DWI charges in Oklahoma. CANNON & ASSOCIATES has an outstanding record of reaching the best possible outcome for hundreds of clients accused of a wide variety of criminal charges in Oklahoma. Call our office at (405) 657-2323 for a free confidential consultation and case evaluation.
