(A) It is unlawful and punishable as provided in this section for any person to drive, operate, or be in actual physical control of a motor vehicle within this state, whether upon public roads, highways, streets, turnpikes, other public places, or upon any private road, street, alley, or lane which provides access to one or more single-family or multi-family dwellings, who:
(1) Has a blood or breath alcohol concentration, as defined in 47 O.S. § 756, of eight hundredths or more at the time of a test of such person’s blood or breath administered within two hours after the arrest of such person;
(2) Is under the influence of alcohol;
(3) Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle; or
(4) Is under the combined influence of alcohol and any other intoxicating substance which may render such person incapable of safely driving or operating a motor vehicle.
(B) The fact that any person charged with a violation of this section is or has been lawfully entitled to use alcohol or a controlled dangerous substance or any other intoxicating substance shall not constitute a defense against any charge of violating this section.
(C) Any person who is convicted of a violation of the provisions of this section shall be deemed guilty of a misdemeanor for the first offense and shall participate in an assessment and evaluation by an assessment agency or assessment personnel certified by the State Department of Mental Health and Substance Abuse Services pursuant to 43A O.S. § 3-460 and shall follow all recommendations made in the assessment and evaluation and be punished by imprisonment in jail for not less than ten days nor more than one year. Any person convicted of a violation for a first offense shall be fined not more than $1,000.
(Prior Code, § 42-171)
Statutory reference:
Controlled Dangerous Substances Act, see 63 O.S. §§ 2-101 et seq.
Driving under the influence of intoxicating substances, see 47 O.S. § 11-902
D.U.I. offenses, revocation of license, see 47 O.S. § 6-205
D.U.I. testing, see 47 O.S. §§ 751 et seq.