Differences between APC, DWI and DUI under 21

On behalf of The Law Office of Erik G. Roscom, PLLC: December 22nd 2022, Blog. Criminal Defense. DUI Defense.

Most people have heard of a DUI. According to Responsibility.org 9,053 people received a DUI charge in the State of Oklahoma in 2019. But what most people don't know is there are a number of alcohol related offenses that are similar, but different from a DUI. So what exactly are the differences?

APC or Actual Physical Control:

Actual Physical Control (Also known as an APC) relates to a person who is intoxicated, either by drugs or alcohol, and in "actual control of the vehicle". This differs from the typical thinking of a DUI because the vehicle does not have to be in motion. However, there are certain requirements which must be met for the State to bring APC charges. Functionally, an APC still has the same detrimental effects on a person's life as a DUI charge, and a second conviction may even be used to enhance to a felony.

DWI or Driving While Intoxicated:

Driving While Intoxicated is terminology that many States use for their DUI statutes. However, in the State of Oklahoma a DWI is a completely different charge, and one that is typically considered less severe as it does not carry the same maximum sentence, and is not enhancable. For the State to be successful in prosecuting a DWI charge, they must still meet certain requirements however, but these are less than that of a DUI.

Driving Under the Influence Under the Age of 21 or DUI under 21

While DUI under 21 sounds like it would be simple, a person under the age of 21 dirivn while under the influence of alcohol, the requirements that the State of Oklahoma must prove to prosecute are lower than in most DUI cases. The penalty is also lower for a DUI under 21 and it may bar the prosecution for using the charge in the future to enhance to a felony charge.

These are just three examples, there are many others that could be gone into extensively. APC, DWI, and DUI under 21 are all serious offenses that can effect your life, liberty, and repuation. It is important you have someone on your side with knowledge of how these charges interplay with each other, and what is required to prove each case. Going in without an experienced attorney could risk your license, your hard earned money, or possibly jail or prison time.