ACTUAL PHYSICAL CONTROL (apc)

In North Dakota, Actual Physical Control (APC) is essentially a non-driving DUI. It is punishable just the same as if it was a DUI charge. A person can be cited for APC if he is in a position to manipulate the vehicle's controls. This means you can be charged with APC for sleeping in your parked vehicle, whether your keys are in your pocket or in the ignition. There are many good defenses for an APC charge, and juries do not typically like the charge of APC.