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Aaron W. Easton. Esq. / October 12, 2023

Can I Be Charged with a DUI for Just Sitting in My Car in Oklahoma?

Oklahoma DUI Laws

Can I be prosecuted in Oklahoma if I’m sitting in my vehicle while under the influence, even if I didn’t drive the vehicle? Hi, I’m Oklahoma City Attorney Aaron Easton, and to the surprise of some, the answer to that question is yes you can.

What we’re talking about today is actual physical control of a vehicle, and you can find that in the Oklahoma Statutes, Title 47, Section 47, and unlike what many think with a normal DUI, where the state has to prove that you drove the vehicle, for actual physical control that type of proof isn’t required. The state just needs to prove that you had the ability to drive that vehicle, which oftentimes means you’re sitting in the car, you have the keys with you, you could have driven it.

Understanding Actual Physical Control

So if you’re in that circumstance, and your blood alcohol level is above a certain percent, or you’re under the influence of a narcotic, including marijuana, you could be found guilty of actual physical control of a vehicle.

Now if you find yourself in this circumstance, you’re going to want to talk to an attorney privately and confidentially to see what your options are. You can speak to somebody with my firm, we’d be happy to see what we can do to help you out, and you can reach us at (918) 932-2833.

Get a Initial Consultation with Our Firm

If you have been charged with actual physical control of a vehicle in Oklahoma, it is important to understand the potential consequences and explore your legal options. Contact our firm today for a initial consultation. Our experienced attorneys are here to assist you and provide personalized guidance based on the specifics of your case. Call us now at (918) 932-2833.

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  • Direct Appeals – OCCA
  • Direct Appeals – SCOTUS
  • Motion to Suspend Judgement
  • Motion to Withdraw Plea
  • Post Conviction Relief
  • Sentence Modification
  • OK DOC Hearings
  • Parole Hearings
  • Expungements
  • Commutations
  • Pardons
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