Actual Physical Control (APC) - Tulsa Trial Attorneys

Client Reviews From Actual Physical Control (APC) Cases

"JUST WANTED YOU TO KNOW THAT YOU ARE THE BEST!  THANKS FOR ALL YOU HAVE DONE.  I KNOW YOU GO HARD FOR YOUR PEOPLE.  YOU KNOW YOU ARE PART OF MY FAMILY NOW.  LOL!  YOU AND YOUR FIRM ROCK!I LOVE YOU BRIAN AND I THANK YOU!"  A.R. - 10/10/17

“GOT MY DUI CHARGED DROPPED!!! VERY HONEST AND EXPERIENCED! VERY EASY TO TALK TOO! SAVED MY CDL LICENSE! TULSA'S #1 DUI ATTORNEY, TRULY THE BEST!!!! P.C. 1/24/19

First and foremost, call us right away at 918-884-7791.   Depending on your circumstance and your charges, you may have a specific time to respond.  Whenever there is an arrest, time is of the essence.  Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member.  With a DUI there are four key issues that are effected by waiting;

1. IF YOU HAVE BEEN FALSELY ACCUSED OF DRINKING WE NEED TO HAVE YOU TAKE AN ETG TEST AS SOON AS POSSIBLE,

2. YOU ONLY HAVE 15 DAYS TO CHALLENGE THE SUSPENSION OF YOUR LICENSE,

3. EARLY SUBPOENAING OF DASH CAM VIDEO AND CHEMICAL BREATH TESTING SERVICE LOGS MAKES FOR A QUICKER RESOLUTION,

4. DEPENDING ON YOUR IMMIGRATION STATUS RECEIVING A REASONABLE BOND FROM THE STATE MAY MAKE ALL THE DIFFERENCE BETWEEN SITTING IN JAIL OR AT HOME AWAITING RESOLUTION OF YOUR CASE.

Actual Physical Control (APC)

In Oklahoma, APC (actual physical control) is for all purposes a DUI.  The penalties and enhancements are practically the same.  The only difference between an APC and a DUI is that you do not have to be operating the vehicle.  You only have to be proven to have the ability to operate a vehicle.  To be proven to have the ability to operate the vehicle: (1) you were in the vehicle, (2) you had the keys or key fob, and (3) the vehicle was operational.

Being in Actual Physical Control of a Motor Vehicle While Under the {combined influence} of Alcohol / (an Intoxicating Substance) - Elements

No person may be convicted of being in actual physical control of a motor vehicle while under the influence of alcohol / (an intoxicating substance) unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

(1) being in actual physical control of a motor vehicle; 

• (2) on a (public road / street / highway / turnpike / street / place) / (private road / street /alley / lane which provides access to one or more single or multi-family dwellings);

  (3) (while having a blood / breath alcohol concentration of 0.08 or more) / (while under the influence of alcohol) / (while under the [influence of any intoxicating substance other than alcohol] / [combined influence of alcohol and any other intoxicating substance] which may render a person incapable of safely driving a motor vehicle);

  (4) the blood / breath alcohol test was administered within 2 hours after arrest).] OUJI-CR 6-20

What if you Get Arrested for a APC?

You may be embarrassed and worried about how the APC arrest will affect your life. You should be concerned about a your drivers license being suspended and about the criminal consequences, like probation, jail or fines.

No one ever intends to be arrested for APC or driving under the influence of drugs. You are out for a night of fun and relaxation, and the next thing you know the police are knocking on your window. How you handle the next minutes, hours and days can impact your freedom, your job, and your license. Get experienced representation immediately!

Why Do I Need an Experienced APC Attorney?

If you have been arrested for APC for the first time, you may not fully understand the need for experienced legal advice and representation of a Tulsa APC Lawyer. Time is limited. It is vital that you take action against a conviction - even you first conviction is subject to harsh penalties. Additionally, court process is filled with legal technicalities. You need a highly trained and experienced attorney who has handled APC cases to insure that all stones are turned over .

After the arrest, you have only 15 days days to request a DPS Hearing (Department of Public Safety). Otherwise, you will automatically have a suspended license in addition to a conviction on your criminal record. Your best hope for avoiding these painful consequences is to hire an attorney with the experience to fight skillfully and aggressively in your defense. An experienced attorney can guide you through how to challenge and fight your case, but time is of the essence.

CALL OUR EXPERIENCE DUI ATTORNEYS AT 918-884-7791

What are the Issues you and Your Attorney Should be Discussing?

The first focus should be on whether you need to get a making sure you have requested a DPS hearing within. Next you need to discuss an EtG test if the stop was for alcohol or a blood test if the stop was for drugs. These need to be done as soon as possible. An experienced attorney will discuss with you whether the police officer had probable cause to stop your vehicle and then whether you gave them any indication of intoxication or impairment. Finally, you should discuss the request and results of a field sobriety test, breath tests, and blood tests.How Can Your Attorney Fight for You?

• Was it a legal constitutional stop?

• Did the officer follow procedure in testing you?

• Was the SFST done properly?

• Was the breath test done properly?

• Was the blood test done properly?

More Issues and Things to Know

• Avoiding a DUI Stop

• Misdemeanor DUI

• Felony DUI

• Aggravated DUI

• Underage Driving Under the Influence

• Accidents and Serious Injury

• Field Sobriety Tests (SFST)

• Breath Test (Intoxylizer)

• EtG Test

• Blood Tests

• Drugs vs. Alcohol

• Child Endangerment

• Effect on Driver’s License

• Effect on CDL

• DPS Hearing

• Defenses

• Ignition Interlock Devices

• Drug and alcohol Assessment

• DUI School

• Drug Recognition Expert (DRE)

• Prescription Drugs and DUI

• Marijuana and DUI

• Reckless Driving

• Actual Physical Control (APC)

• DUI Terms and Definitions

DUI Frequently Asked Questions (FAQ)

• What is driving under the influence?

• What if you get arrested for DUI or DWI?

• I’ve just been arrested for DUI? What happens now?

• Why do I need an experienced DUI Attorney?

• What is the punishment for drinking and driving?

• What is the difference between a breath test and a blood test?

• How long will my driving privileges be revoked if I refuse to take a breath or blood test, or if I test over the limit?

• What is a plea bargain?

• Will I have a plea bargain or a trial?

• Should I submit to field tests?

• What are the implied consent warnings?

• Can I dispute the revocation?

• At the time of my arrest, the officer seized my driver license. Can I continue to drive?

• Can I get another Drivers license?

• But now I have no ID. Can I get an identification card?

• How do I get my drivers license back?

• What is an Administrative Hearing?

• What happens after the administrative hearing?

• What if I just want to be able to drive to work, school, etc.?

• Do I need to request an administrative hearing to get a modified drivers license?

• I have been charged with the crime of DUI and I am schedule to appear in court. Is this similar to the DPS administrative hearing?

• What does it mean if my driving privileges are revoked as a result of a DUI?

• What happens after the revocation period? Am I free to drive again?

• What if I have a a commercial driver license (Class A, B, or C)?

Actual Physical Control (APC) Litigation Expertise

These arguments are about statistics, chemistry, and biology.  You need an attorney who not only knows the law, but also knows the science.  Let Boeheim Freeman Law’s expertise and training in science go to work for you challenging the officer's use of an SFTS, DRE, or Breath and Blood Testing.

Call Us Today - 918-884-7791