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.
License Suspension After DUI Oklahoma
Reader’s Question:
Is it true that after my friend’s DUI arrest in Lawton, Oklahoma, he would also face a case that has something to do with his driver’s license? How is this driver’s license case different from the actual DUI case trial?
Erica
Lawton, OK
Yes, it’s true; your friend also has to face a case that has something to do with his driver’s license after he has been arrested for DUI in Lawton, Oklahoma. In almost every DUI case, this driver’s license case is set into motion before the first court date. An arrest for “Actual Physical Control” (APC) or DUI would cause anyone to lose the driver’s license.
Depending on the prior DUI record, the Department of Public Safety (DPS) would take his license from him for a period of six months to three years for failing the chemical test with a blood alcohol content (BAC) level of .08% or higher, or .02% or more BAC if he is under 21 years old. He would also lose his license for a refusal to take the test, just like he had failed it. If he has a Commercial Driver’s License (CDL) and refuse the test, he would be disqualified for one year, no matter what vehicle he is driving during the DUI arrest. Any driving he does during the time his license is revoked could result in additional criminal charges and additional periods of license suspension or revocation.
Can You Be Charged With DUI Without Driving?
Reader’s Question:
Is it true that you can be charged with DUI even if you are not driving? A friend here in Tulsa, Oklahoma told me about that and the reason I ask is that it seems so weird.
Don
Tulsa, OK
Yes, it may seem so weird that you can be charged with DUI in Tulsa, Oklahoma (or anywhere in Oklahoma for that matter) even if you are not driving just so long as you had had some alcohol to drink and you are sitting or maybe sleeping in your car. This is what popularly known in Oklahoma as “Actual Physical Control” (APC) wherein you are not actually driving but you are in control of the vehicle. DUI and APC are often confusing to people especially if a person has been arrested for alcohol-related traffic offense when he is not driving.
A lot of people have experienced this when they knew they had had too much alcohol to drink to drive safely. They usually just pull over to “wait it out” and thought that it would be the right thing to do but they were arrested for a crime that is effectively the same as DUI. Doing this is no better off than if they had gone ahead and tried to drive home, although the only difference is that they can avoid a car wreck while driving since they had to “wait it out.” This simply means that pulling over is not enough, the vehicle should be totally off any street or road.