Oklahoma makes a distinction between the conditions of DUI and DWI (driving while impaired), which has to do with the driver’s Blood Alcohol Level (BAC). Not all states make a clear distinction between DUI and DWI, but in Oklahoma, drivers with alcohol in their system but a BAC of under (0.08%) are considered DWI, while drivers with a BAC of or over (0.08%) are considered DUI. The penalty differences between a DWI and a DUI in Oklahoma are significant. While earning either one is not preferable, DWI offenses generally do not indicate criminal prosecution or revocation of driving privileges for a single incident. Both are possible with a DUI. Oklahoma police can also arrest drivers whom they suspect of being intoxicated, even if they are not driving, the car is not in motion and is safely off of the roadway, and the driver is unconscious and is causing no harm to property or to the public. Conditions that allow such an arrest are known as actual physical control (APC). The argument behind such a charge is that the driver was aware of intoxication, and could have resumed driving at any time, causing potential property damage and injury. An APC conviction should not be taken lightly, as the penalties are the same as for a DUI conviction.