Non driving DUI Arrest In Oklahoma?
Reader’s Question:
How come my cousin was arrested for DUI in Oklahoma even when he was not driving? Are the penalties the same as if he was actually driving the car?
Mary
Midwest City, OK
Your cousin must have fallen asleep in the car or simply waiting to be “sober enough” to carry himself and drive again when he was arrested for DUI in Midwest City, Oklahoma. The actual charge that he would get is APC or “Actual Physical Control” which is a charge against a person who is in a vehicle and under the influence, like in DUI. Also, just like in DUI, breath and/or blood test are requested of the person who is arrested for this charge.
In APC, your cousin was not driving, but maybe parked or sitting still on a street or parking lot and could have driven if he wanted to do so. The crime of APC is effectively, the same thing as committing the crime of DUI. APC carries all of the same driver’s license problems/case and punishments as DUI. Anyone who had had some alcohol to drink should know what else to do other than parking and waiting to be “sober enough” to drive again. In other words, simply pulling over would not be enough.
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