It's an old joke: What are a redneck's last words?
"Hold my beer and watch this."
While the joke may get a few chuckles, there is a sad truth to it--many, many poor decisions are the result of alcohol's ability to lower inhibitions andspark impulsiveness. In Lincoln County, Oklahoma, this week, one young woman is lucky to be alive and two of her friends have been charged with DUIafter the three allegedly pulled an alcohol-fueled stunt on the highway.
Lincoln County Sheriff Charlie Dougherty says that the three young women, each in her early 20's, were heavily intoxicated and headed down the highwaywhen they decided to have a little "fun." Dougherty says all three women were in the front seat of a vehicle when the driver decided to hang out ofthe driver's side window, the middle passenger to take control of the vehicle, and the right passenger to hang out of the passenger-side window.
Allegedly, the women continued in this manner for approximately 10 minutes before the driver and the middle passenger realized that their friend had fallenout of the vehicle. The two remaining women turned around to find their friend, but because of the delay in realizing she had fallen and because ofthe speed at which they had been travelling, it took some time before they found her lying on the side of the road with a serious head injury.
The injured woman was airlifted to OU Medical Center, and both of her friends were arrested for DUI.
That's right, two DUI arrests for driving the same vehicle, since both the driver and the middle passenger had control of the vehicle during theincident.
In Oklahoma, both DUI (driving under the influence) and APC (actual physical control) carry the same consequences. While DUI refers to actively drivinga vehicle while under the influence of drugs or alcohol, APC refers to having control of the vehicle--although not actually driving--while under theinfluence of alcohol or drugs.
For example, a person charged with APC may be so intoxicated that he or she passes out with the keys in the ignition. When law enforcement discovers suchan impaired driver, APC eliminates a DUI defense that argues that the person was not driving, and therefore could not be charged with drivingunder the influence.
It is important to note, however, that the APC law simply states that a person who is under the influence of alcohol may not have actual control of thevehicle. It does not state that the person has to be so inebriated that he or she passes out, or that the keys must be in the ignition. This is importantbecause some seemingly minor actions could lead to a criminal charge, even if the intent behind them is to avoid DUI.
Let's say that you decide to meet your co-workers for a drink after you get off work. Maybe you have a little more to drink than you planned, and you realizethat driving home would be unsafe in your condition. You decide to call someone to come pick you up, and you wait in your car until they arrive. Ifyou have the keys to the car in your possession, or if you have them in the ignition so that you can listen to music or run the air conditioneror heater while you wait, you could, by law, be arrested for APC.
In such a case, it is better to wait inside the establishment, if possible. If not, make sure to distance yourself from your keys. Lock them in the trunkor glove compartment, and wait in the back of the vehicle, rather than in the driver's seat or the front seat.
While APC attempts to eliminate one defense against a DUI charge, there are still viable defense options for both APC and DUI. If you have been charged,call an Oklahoma DUI defense lawyer for help.
