APC DUI criminal charges in Tulsa can be a nightmare. After a night of bar hopping with friends, you think you’re sober enough to drive home. After walking to your car on the street along the curb, you pull out your keys. Immediately you realize you are in no shape to drive. Because you are responsible, you decide to sleep it off and fall asleep with the keys in your hand.
When you are awakened by an officer tapping on the window of your vehicle, you are not concerned. Unfortunately, you are shocked when you are arrested for not driving while intoxicated. This is the beginning of APC DUI criminal charges in Tulsa. Most Oklahoma drivers presume they’ll not risk arrest for “APC DUI Criminal Charges for drunk driving”. However, this misconception can result in arrest of a responsible driver for actual physical control of a motor vehicle while intoxicated.
APC DUI Criminal Charges Oklahoma Law:
Under Oklahoma law, a motorist may not be in “actual physical control” of a motor vehicle with a BAC of .08 percent or higher. Drivers may receive charges of being in actual physical control under a number of situations. Most are ones that people would never expect to result in a criminal charge, such as:
Sitting in your car to stay warm while waiting for a friend to pick you up
Sleeping it off without driving away from bar
Pulling over by the side of the road so that you can sober up
Avoid Sleeping it Off in Your Car:
The Oklahoma criminal offense of being in actual physical control (APC) of a motor vehicle while intoxicated is not minor. A first offense may result in a misdemeanor and incarceration in county jail for a period of not less than ten days and not more than one year, as well as a fine up to $1000 along with other potential consequences following a substance abuse assessment. If convicted of a second offense of APC within ten years of a prior offense, you face felony charges.
Sometimes motorists can make alternate arrangements before going out to avoid driving while intoxicated. But, sometimes drivers do not expect to drink when they leave home. If you find that you are at a gathering of friends and consume alcohol, it is natural to wonder how to avoid arrest and charges of APC. Obvious answers include arranging for a designated driver, calling a cab or sleeping at the party location. However, sometimes these are not viable options. If you need to sleep it off in your car, the key is to make it clear that you are not in actual physical control of your vehicle. When a driver is sitting in the driver’s seat with his car keys readily accessible, this generally will constitute being in actual physical control of the vehicle.
Reducing Risks of APC DUI Charges in Tulsa:
Actions a driver can take to reduce the risk of a APC DUI criminal charges in Tulsa when sleeping it off:
Lay down outside the vehicle (although this may raise safety concerns)
Sleep in the backseat of the vehicle
Put your keys in the trunk so they are not readily accessible
Lock your keys in a brief case in the backseat of the vehicle
If you are charged with being in actual physical control of a motor vehicle while intoxicated, you should assert your right to remain silent and have an experienced Oklahoma DUI attorney present before answering any questions. Our Tulsa DUI Defense Attorneys care about you and your criminal charges.
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Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of criminal defense attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.