Oklahoma Actual Physical Control (APC) Defense

What Is “Actual Physical Control” Under Oklahoma Law?

In Oklahoma, you can be arrested for Actual Physical Control (APC) of a vehicle while intoxicated even if the vehicle isn’t moving. Section 11-902 of Title 47 makes it illegal to be in control of a motor vehicle while under the influence of alcohol, drugs, or a combination of both. Unlike a DUI, the vehicle doesn’t have to be in motion—you just have to have the ability to operate it. 

The Oklahoma Uniform Jury Instruction (OUJI-CR 6-35) defines APC as “directing influence, domination or regulation of any motor vehicle, whether or not the motor vehicle is being driven or is in motion.” Courts interpret this broadly to prevent harm before it occurs. For example, sleeping in your car while intoxicated with the keys nearby may still lead to arrest.

Elements the State Must Prove

• You were in actual physical control of a motor vehicle;
• You were on a public road, street, highway, turnpike, or qualifying private access lane;
• You were under the influence of alcohol, drugs, or both—or your BAC was 0.08 or higher;
• The blood or breath test was administered within 2 hours after arrest.

Collateral Consequences of an APC Conviction

1. Driver’s license suspension or revocation.
2. Mandatory ignition-interlock installation.
3. Higher insurance premiums or loss of coverage.
4. Employment consequences for CDL or professional-license holders.
5. Permanent criminal record affecting background checks and firearm rights.

How Prosecutors Try to Prove APC in Oklahoma

• Showing you were seated in the driver’s seat with keys in or near the ignition.
• Presenting chemical-test results above 0.08 BAC or drug-toxicology reports.
• Introducing officer testimony about slurred speech, odor of alcohol, or unsteady balance.
• Establishing that the vehicle could have been moved (even slightly).
• Demonstrating admissions or implied intent to drive.

Defenses to an APC Charge

1. The vehicle was inoperable or incapable of movement.
2. You were using the vehicle only as a place to sleep and had no intent to drive.
3. Improperly administered or unreliable chemical test.
4. Illegal stop or lack of probable cause for arrest.
5. Insufficient evidence that you were “in control” of the vehicle.

Punishment for Actual Physical Control (APC) in Oklahoma

The penalties for an APC conviction mirror those for a DUI. The severity depends on whether it’s your first or a subsequent offense, as well as your blood alcohol concentration and prior record.

• First Offense (Misdemeanor): Up to one year in county jail, a fine of $500 to $1,000, or both. You may also be required to complete a substance-abuse assessment, a victim impact panel, and community service.
• Second Offense (Felony if within 10 years): Up to 7 years in prison and a fine of up to $2,500. The court may also order an ignition interlock device and alcohol or drug treatment.
• Third Offense (Felony): One to ten years in prison and a fine up to $5,000. Longer license revocations and mandatory treatment programs typically apply.
• Fourth and Subsequent Offense (Felony): One to twenty years in prison and a fine up to $5,000. Longer license revocations and mandatory treatment programs typically apply.
• Driver’s License Consequences: Service Oklahoma may revoke your license and require participation in the Impaired Driver Accountability Program (IDAP) before reinstatement.
• Additional Costs: Court costs, supervision fees, and increased insurance premiums often follow a conviction.

Even a first-time APC conviction can have serious, long-term effects. Working with an experienced DUI and APC defense attorney can help minimize these penalties and protect your driving privileges.

Key Oklahoma Cases on This Crime

State v. Silas – The Oklahoma Court of Criminal Appeals held that a defendant found asleep in a parked vehicle with the engine off and keys within reach was still in “actual physical control.” The Court emphasized that control exists whenever you have the present ability to operate the vehicle, regardless of whether the engine is running.

Fenimore v. State – The Court found sufficient evidence for an APC conviction where the defendant was intoxicated and sitting behind the wheel with the keys in the ignition, even though the vehicle was stationary. The decision reaffirmed that “actual physical control” requires only the capability to regulate or direct the vehicle’s movement.