DUI/DWI and APC
A DUI (driving under the influence), DWI (driving while impaired), or APC (actual physical control) charge is very serious, and you have a limited amount of time in Oklahoma to defend your right to drive. Although the differences between DUI and DWI are not well understood, there is a difference, and it is determined by your blood-alcohol content (BAC). Alcohol isn’t the only drug that can impair your judgment and reaction time and is therefore not the only substance for which you can be charged with a DUI.
For alcohol, the legal limit for driving after drinking in Oklahoma is a BAC of .08. If you are pulled over by a police officer and asked to take a breathalyzer test to acquire your BAC number, your results will determine the charge. If your BAC is at .08 or above, you will be charged with a DUI (you are under the influence while driving). If, however, your BAC is .07 or below, you will be charged with a DWI (while impaired in some capacity, you were driving). Be careful, though! If you decline to take a breathalyzer test and the officer has probable cause to believe you’re under the influence, you can still be arrested and charged with a crime.
An APC charge is the lesser known of the charges for driving-related offenses. If you are found sitting in your car while intoxicated, it is believed that you had actual physical control of the vehicle.
After being arrested for a drug-related traffic offense, if you do not turn in the proper paperwork within 15 days of your arrest date, you will lose your driver’s license for at least 6 months, and maybe longer. With an attorney’s help, you can fill out and turn in a Request for Modified Driver’s License Form which is the first step to protecting your driving privileges. Complying with the Department of Public Safety requirements can be difficult, and an attorney’s guidance can help you avoid making the mistakes that will jeopardize your driving privileges.