Sleeping it off is risky

Too Drunk To Drive

Some drivers who feel too drunk to drive decide to pull over to the side of the road or in a parking lot to rest and become sober. While this may be a safer alternative to driving, the legal consequences can be as severe as being charged with a DUI in Oklahoma.

Oklahoma law makes it a crime to be in “actual physical control” of a motor vehicle while under the influence of alcohol with a breath alcohol concentration of 0.08 or more. For an APC charge, the officer does not need to observe the vehicle in motion. It’s enough that the intoxicated driver could potentially operate the vehicle.

Often officers who arrest a suspect for APC will drive the accused’s vehicle a few feet and indicate the automobile was operable in their notes.

Courts look at a number of factors to determine whether someone is in actual physical control of a vehicle. Whether the keys were in the ignition, whether the engine was running, whether the accused was found in the driver’s seat, whether the accused was found outside the vehicle, whether the automobile was blocking traffic, and other signs the suspect had operated or was about to operate the vehicle.

Andrea WordenComment