Although DUIs are given out most often, there are actually two different types of charges for being in the driver’s seat of a vehicle, while intoxicated.
In North Dakota, a DUI is given if the driver is driving under the influence and stopped by law enforcement.
Then there’s the lesser known APC charge or Actual Physical Control. An APC is given out when the person is not driving, but they’re still in control of the car.
Burleigh County Sheriff’s Department Sargeant Elliot Carvell says a good example of APC is some impaired who is stuck in a snowbank. Even though the car is disabled, they are still in control of it.
Sgt. Carvell explains, “So the concern for APC is if someone is intoxicated behind the wheel, say they’re passed out, if they wake up they have the ability to drive that vehicle. So even though that vehicle is not moving, they still pose a risk to themselves, to the public and to others on the roadway.”
Both a DUI and APC will be tried the same, and see the same charges in court.