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actual physical control Tag

20 July
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DUI or Drug Arrest While You Were Asleep

Posted by Clint
in Blog
DUI or Drug Arrest While You Were Asleep

Police find a man asleep in a car on the side of the road and arrest him on suspicion of DUI. They find another man sleeping on the sidewalk next to a used syringe and several bottles of pills and arrest him for drug possession. Both men remain unconscious throughout their arrest, transport, and booking, waking up the next morning in jail cells. You may wonder if this is legal and how the prosecutor can prove crimes were committed if the men were asleep. DUI Arrest While Asleep Even sitting in a car while under the influence of alcohol or drugs, or...

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06 September
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Is It Legal to Arrest Me for DUI When I Was Sitting in a Parked Car?

Posted by Clint
in Blog
Is It Legal to Arrest Me for DUI When I Was Sitting in a Parked Car?

In Oklahoma, you do not have to be driving a car to be arrested and convicted for DUI. Even “sleeping it off” while parked in a parking lot or driveway is enough. Oklahoma law is very specific about when you are in control of a vehicle, as you may be a danger to yourself or others if you make the decision to drive drunk. Specifically, the law states that you are guilty of DUI if you are under the influence and you “drive, operate, or [are] in actual physical control of a motor vehicle within [Oklahoma], whether upon public roads, highways,...

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18 August
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Intent in DUI and Possession Cases

Posted by Clint
in Blog
Intent in DUI and Possession Cases

People use the word “intent” in criminal cases all the time, but many do not realize that not all crimes require a showing of intent. For example, Oklahoma DUI laws have no intent requirements. As a result, it does not matter whether you intended to drive drunk. You can still be convicted of DUI. However, possession in Oklahoma does have an intent element – you must knowingly have possession. The intent requirement is known in criminal law as the mens rea. If a crime requires no mens rea – no general and specific intent – it is called a strict liability...

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