(A) No person who is:
(1) Under the influence of a alcoholic beverage or nonintoxicating beverage;
(2) Under the combined influence of alcohol or any other intoxicating substance as provided in division (A)(3) below; or
(3) Under the influence of any other intoxicating substance to a degree which renders such person incapable of safely driving or operating a motor vehicle, shall drive or operate a motor vehicle in the city.
(B) No person shall drive or operate a motor vehicle while his or her ability to operate the motor vehicle is impaired by the consumption of alcoholic beverage or nonintoxicating beverage within the city.
(C) No person who is an habitual user of or under the influence of any narcotic drug, barbiturate, amphetamine, or marijuana, or who is under the influence of any other drug to a degree which renders him or her incapable of safely driving a motor vehicle, shall operate a motor vehicle within the city. The fact that any person charged with a violation of this division (C) is or has been lawfully entitled to use such narcotic drug, barbiturate, amphetamine, marijuana, or other drug shall not constitute a defense against any charge of violating this division (C).
(D) As used in this section,
OTHER INTOXICATING SUBSTANCE or DRUG means any controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act, being 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 or functions.
(E) Upon the trial of any criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a motor vehicle while under the influence of alcohol or intoxicating liquor, evidence of the amount of alcohol or intoxicating liquor in the person’s blood as shown by a chemical analysis of his or her blood or breath is admissible. For the purpose of this section:
(1) Evidence that there was 0.05% but less than 0.10% or less by weight of alcohol in his or her blood is prima facie evidence that the person was not under the influence of alcohol or intoxicating liquor;
(2) Evidence that there was more than 0.05% but less than 0.10% by weight of alcohol in the person’s blood is relevant evidence of operating a motor vehicle while his or her ability to operate such motor vehicle is impaired by the consumption of alcohol or intoxicating liquor. No person shall be convicted of the offense of operating a motor vehicle while his or her ability to operate such vehicle is impaired by consumption of alcohol or intoxicating liquor solely because there was more than 0.05% by weight of alcohol in the person’s blood in the absence of additional evidence that such person’s driving was affected by the consumption of alcohol to the extent that the public health and safety was threatened or that the person had violated a state statute or local ordinance in the operation of a motor vehicle;
(3) Evidence that there was 0.10% or more by weight of alcohol in his or her blood shall be admitted as prima facie evidence that the person was under the influence of alcohol or intoxicating liquor;
(4) Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood; and
(5) To be admissible, such evidence must first be qualified by establishing that such specimen was obtained from the subject within not more than two hours of the arrest of the subject.
(F) Every person who is convicted of a violation of this section for operating a motor vehicle under the influence of alcohol or intoxicating liquor shall be punished as provided in § 10.99 of this code of ordinances.
(Prior Code, § 71.037) Penalty, see § 70.999
Statutory reference:
Similar provisions, see 47 O.S. § 756 and 47 O.S. § 11-902