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 Actual Physical Control - Tulsa Lawyers you have a blood/breath alcohol level of (.08) or are under the influence of alcohol or other intoxicating substance.

Punishment For Actual Physical Control in Tulsa

Okla. Stat. tit. 47 § 11-902(A) (2006).

  • 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 hundred 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 seven (7) 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 ten (10) 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, 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. 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
  4. 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.

C.

1. Any person who is convicted of a violation of the provisions of this section shall be deemed guilty of a misdemeanor for the first offense and shall participate in an assessment and evaluation by an assessment agency or assessment personnel certified by the Department of Mental Health and Substance Abuse Services pursuant to Section 3-460 of Title 43A of the Oklahoma Statutes and shall follow all recommendations made in the assessment and evaluation and be punished by imprisonment in jail for not less than ten (10) days nor more than one (1) year.
Any person convicted of a violation for a first offense shall be fined not more than One Thousand Dollars ($1,000.00).

2. Any person who, within ten (10) years after a previous conviction of a violation of this section or a violation pursuant to the provisions of any law of another state prohibiting the offense provided in subsection A of this section, is convicted of a second offense pursuant to the provisions of this section or has a prior conviction in a municipal criminal court of record for the violation of a municipal ordinance prohibiting the offense provided for in subsection A of this section and within ten (10) years of such municipal conviction is convicted pursuant to the provision of this section shall be deemed guilty of a felony and shall participate in an assessment and evaluation by an assessment agency or assessment personnel certified by the Department of Mental Health and Substance Abuse Services pursuant to Section 3-460 of Title 43A of the Oklahoma Statutes 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 subparagraph a of this paragraph 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 is convicted of a second felony offense pursuant to the provisions of this section shall participate in an assessment and evaluation by an assessment agency or assessment personnel certified by the Department of Mental Health and Substance Abuse Services pursuant to Section 3-460 of Title 43A of the Oklahoma Statutes 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, or

b. placement in the custody of the Department of Corrections for not less than one (1) year and not to exceed seven (7) 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 subparagraph a of this paragraph 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.

4. Any person who is convicted of a third or subsequent felony offense pursuant to the provisions of this section shall participate in an assessment and evaluation by an assessment agency or assessment personnel certified by the Department of Mental Health and Substance Abuse Services pursuant to Section 3-460 of Title 43A of the Oklahoma Statutes and shall be sentenced to:

a. follow all recommendations made in the assessment and evaluation for treatment at the defendant’s expense, followed by not less than one (1) year of supervision and periodic testing at the defendant’s expense, four hundred eighty (480) hours of community service, and use of an ignition interlock device for a minimum of thirty (30) days, 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 person does not undergo residential or inpatient treatment pursuant to subparagraph a of this paragraph the person shall serve a term of imprisonment of at least ten (10) days.

Actual Physical Control Lawyers Near You

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Tulsa's Local Criminal Defense Lawyers

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