KOCO News in Oklahoma City reports that in the early morning hours of December 2, 2014, Republican Sen. Bryce Marlatt was arrested for actual physical control, commonly known as APC. According to reports, Marlatt’s car was impounded, and Marlatt was required to post bond before being released from the Woodward County Jail. But why was Marlatt arrested? Unlike DUI or driving under the influence, a driver can be charged with APC even if their vehicle is not actually moving.
The prosecution can charge you with a misdemeanor Oklahoma APC or a felony charge, depending on the circumstances of the arrest and whether you have previous APC or DUI charges.
What do I do after an Oklahoma APC arrest?
Like a DUI charge, if you have been arrested for APC you have fifteen days from the date of the Oklahoma APC arrest to request an administrative hearing to challenge the suspension of your license. Keep in mind, the written request for the hearing is to challenge the administrative portion of the case through the Oklahoma Department of Public Safety (”DPS”).
To file the request for the hearing you can either contact a DUI lawyer or you can simply follow the instructions provided to you at the time of the Oklahoma APC arrest. Instructions are on the Officer’s Affidavit and Notice of Revocation.
Penalties for an Oklahoma APC Charge
So what charges can you expect if you are convicted of APC? First, under Oklahoma’s implied consent laws, assuming you are not successful at challenging the administrative license suspension, you may lose your driver’s license up to 180 days.
If you are charged with a misdemeanor Oklahoma APC charge you may have to pay fines up to $1,000. Felony Oklahoma APC charges may cost you up to $5,000. Other fines may include court costs and the costs of hiring an Oklahoma DUI lawyer.
Additional penalties for a misdemeanor Oklahoma APC charge can include ten days to one year in jail. Consider also, if this is your second DUI or Oklahoma APC charge within the last ten years you may be charged with a felony which has much stricter penalties. Finally, you may be required to take DUI classes or install an ignition interlock device on your car. Your insurance costs are also sure to rise.
When Can I be charged with an Oklahoma APC?
Even making the choice to pull over to the side of the road and rest instead of driving under the influence can lead to a charge of Actual Physical Control or APC. Unfortunately, an Oklahoma APC charge is similar to a charge for DUI and may lead to the same harsh penalties and high fines.
If you have been charged with an Oklahoma APC it is important to take this charge as seriously as a DUI charge. Talk to a DUI lawyer. Find out if the prosecution has enough evidence for a conviction. If this is your second or third APC arrest it is even more important to contact an Oklahoma DUI lawyer.
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