You might think sleeping off a few drinks in your car shows responsibility. After all, you didn’t drive drunk and stayed off the roads. However, that’s not always the case.
In Oklahoma, even if this decision does not lead to a DUI, it could still land you in legal trouble. You can potentially face charges for Actual Physical Control (APC), which carries serious penalties similar to a DUI.
What exactly is an APC charge?
Oklahoma charges intoxicated drivers who have the ability to operate a vehicle with APC, even if they aren’t actually driving. An APC only requires potential control of the vehicle.
If police find you sleeping in your car with a blood alcohol level above the legal limit and with keys anywhere accessible, like in the ignition, a nearby cup holder or your pocket, you can still face charges.
Essentially, the law focuses on your potential or capacity to drive while intoxicated, not whether you actually did.
Possible penalties for APC
Despite this difference, both carry similar penalties and consequences. This makes APC charges just as serious as DUI charges in many respects, even though you might have been trying to make a responsible choice.
Consequences you could face include:
- Jail or prison time
- Fines reaching $1,000
- License suspension for 180 days
- Mandatory alcohol education programs
- Ignition interlock device requirements
Additionally, like with DUIs, APC convictions appear on your criminal record as alcohol-related offenses and can significantly affect your insurance rates and employment opportunities.
How to protect yourself from APC charges
In general, the safest approach is to find alternative transportation after drinking. Use rideshare services, designate a sober driver, or call for a friend or family member to pick you up.
If none of those options are available, consider sleeping off your intoxication inside the bar or a motel within walking distance. If sleeping in your car is your only option, here are tips that may help:
- Make sure the car is completely off
- Sleep in the backseat, instead of the front seats
- Keep the keys in the trunk or somewhere far from your person
These help demonstrate you had no intention to drive or have the capacity to easily do so.
Know your rights to protect your future
Knowing the law helps you make smarter choices when alcohol is involved. Understanding APC charges allows you to avoid situations that seem safe but actually carry legal risks. Remember, what seems like responsible behavior might still have serious legal consequences in Oklahoma.