Actual Physical Control Lawyers in Tulsa

Actual Physical Control is a crime just like DUI. In Oklahoma, it is unlawful to be in “actual physical possession” of a motor vehicle on any roadways or in public or private places if you have a blood/breath alcohol level of (.08) or are under the influence of alcohol or other intoxicating substance. Read on to learn more about the legal ramifications for Actual Physical Control in Tulsa.

Punishment for APC in Tulsa

Okla. Stat. tit. 47 § 11-902(A) (2018).

• First Offense – The first Oklahoma actual physical control offense is a misdemeanor punishable by ten (10) days to one (1) year in the county jail and/or a fine up to one thousand dollars.
• Second Offense – A second Oklahoma APC offense within ten (10) years of the first is a felony punishable by one (1) to five (5)  years in the Oklahoma Department of Corrections (State Prison) and/or a fine of up to $2,500.  Additionally a defendant may be required to complete recommended treatments of an assessment agency at the offender’s expense.
• Second Felony Offense – A second felony offense within ten (10) years of the first felony offense is a felony a punishable by one (1) to ten (10) years in the Oklahoma Department of Corrections (State Prison) and/or a fine of up to $5,000.  Additionally a defendant may be required to complete recommended treatments of an assessment agency at the offender’s  expense, 250 hours of community service, and/or mandatory installation of an interlock device (breathalyzer) in the Defendant’s car.
• Third felony offense – A third felony offense within ten (10) years is a felony punishable by one (1) to twenty (20) years Department of Corrections (State Prison) and/or a fine of up to $5,000. Additionally a defendant may be required to complete recommended treatments of an assessment agency at the defendant’s expense, 480 hours of community service, more than one (1) year supervision and periodic testing at defendant’s expense.

A. 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:

1. 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;

2. Is under the influence of alcohol;

3. Has any amount of a Schedule I chemical or controlled substance, as defined in Section 2-204 of Title 63 of the Oklahoma Statutes, 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;

4. 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

5. 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.

B. The fact that any person charged with a violation of this section is or has been lawfully entitled to use alcohol or a controlled dangerous substance or any other intoxicating substance shall not constitute a defense against any charge of violating this section.

C.

1. Any person who is convicted of a violation of the provisions of this section shall be guilty of a misdemeanor for the first offense and shall:

a. participate in an assessment and evaluation pursuant to subsection G of this section and shall follow all recommendations made in the assessment and evaluation,

b. be punished by imprisonment in jail for not less than ten (10) days nor more than one (1) year, and

c. be fined not more than One Thousand Dollars ($1,000.00).

2. Any person who, having been convicted of or having received deferred judgment for a violation of this section or a violation pursuant to the provisions of any law of this state or another state prohibiting the offenses provided in this section, Section 11-904 of this title or paragraph 4 of subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes, or having a prior conviction in a municipal criminal court of record for the violation of a municipal ordinance prohibiting the offense provided for in this section commits a subsequent violation of this section within ten (10) years of the date following the completion of the execution of said sentence or deferred judgment shall, upon conviction, be guilty of a felony and shall participate in an assessment and evaluation pursuant to subsection G of this section and shall be sentenced to:

a. follow all recommendations made in the assessment and evaluation for treatment at the defendant’s expense, or

b. placement in the custody of the Department of Corrections for not less than one (1) year and not to exceed five (5) years and a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00), or

c. treatment, imprisonment and a fine within the limitations prescribed in subparagraphs a and b of this paragraph.

However, if the treatment in subsection G of this section does not include residential or inpatient treatment for a period of not less than five (5) days, the person shall serve a term of imprisonment of at least five (5) days.

3. Any person who commits a violation of this section after having been convicted of a felony offense pursuant to the provisions of this section or a violation pursuant to the provisions of any law of this state or another state prohibiting the offenses provided for in this section, Section 11-904 of this title or paragraph 4 of subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes shall be guilty of a felony and participate in an assessment and evaluation pursuant to subsection G of this section and shall be sentenced to:

a. follow all recommendations made in the assessment and evaluation for treatment at the defendant’s expense, two hundred forty (240) hours of community service and use of an ignition interlock device, as provided by subparagraph n of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes, or

b. placement in the custody of the Department of Corrections for not less than one (1) year and not to exceed ten (10) years and a fine of not more than Five Thousand Dollars ($5,000.00), or

c. treatment, imprisonment and a fine within the limitations prescribed in subparagraphs a and b of this paragraph.

However, if the treatment in subsection G of this section does not include residential or inpatient treatment for a period of not less than ten (10) days, the person shall serve a term of imprisonment of at least ten (10) days.

Actual Physical Control Lawyers Near You

If you’ve been charged with a DUI related crime in Oklahoma we can help you. Not only will you loose your drivers license but a second charge may be a felony. Get the legal advantage you need. Call us for a free consultation 918-743-2233