(A) It is unlawful for any person to drive, operate, or be in actual physical control of a motor vehicle who:
(1) Has a blood 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;
(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) (1) 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.
(2) As used in this title, the term
OTHER INTOXICATING SUBSTANCE shall mean any controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act, 63 O.S. §§ 2-101 et seq., and any other substance, other than alcohol, which is capable of being ingested, inhaled, injected, or absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing, or other sensory or motor functions.
(`83 Code, § 15-529) (Ord. 98-49, passed 12-21-98) Penalty, see § 71.999
Statutory reference:
Mandatory revocation of license for DUI, see 47 O.S. § 6-205
Testing, procedures for DUI, see 47 O.S. §§ 751 et seq.
Driving under the influence of liquor, drugs, see 47 O.S. § 11-902
Controlled Dangerous Substances Act, see 63 O.S. §§ 2-101 et seq.