A. Generally:
1. It is unlawful and punishable as provided in this subsection for any person to drive, operate, or be in actual physical control of a motor vehicle within this state who:
a. Has a blood or breath alcohol concentration, as defined in 47 Oklahoma Statutes section 756, of eight-hundredths (0.08) or more at the time of a test of such person's blood or breath administered within two (2) hours after the arrest of such person;
b. Is under the influence of alcohol;
c. Is under the combined influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle; or
d. 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.
2. The fact that any person charged with a violation of this subsection 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 subsection.
3. As used in this subsection, the term "other intoxicating substance" shall mean any controlled dangerous substance as defined in the uniform controlled dangerous substances act 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. (Ord. 473, 7-16-2001)
4. Any person who violates this subsection shall, upon conviction, be guilty of an offense punishable as provided in section 1-4-1 of this code and as set forth in the municipal bond schedule adopted by the governing body as provided in section 1-11-19 of this code. (Ord. 473, 7-16-2001; amd. 2013 Code)
B. Persons Under Twenty One:
1. It is unlawful and punishable as provided in subsections B2 and B3 of this section for any person under twenty one (21) years of age to drive, operate, or be in actual physical control of a motor vehicle within the city who:
a. Has any measurable quantity of alcohol in the person's blood or breath at the time of a test administered within two (2) hours after an arrest of the person.
b. Exhibits evidence of being under the influence of any other intoxicating substance as shown by analysis of a specimen of the person's blood, breath, saliva or urine.
c. Exhibits evidence of combined influence of alcohol and any other intoxicating substance. (Ord. 474, 7-16-2001)
2. a. Any person under twenty one (21) years of age who violates any provision of this subsection shall, upon conviction, be guilty of operating or being in actual physical control of a motor vehicle while under the influence while underage and shall be punishable as provided in section 1-4-1 of this code and as set forth in the municipal bond schedule adopted by the governing body as provided in section 1-11-19 of this code. (Ord. 474, 7-16-2001; amd. 2013 Code)
b. The court may assess additional community service hours in lieu of any fine specified in this subsection.
c. In addition to any penalty imposed pursuant to the provisions of this subsection, the person may be subject to:
(1) The cancellation or denial of driving privileges as ordered by the court pursuant to 47 Oklahoma Statutes section 6-107.
(2) The seizure of the driver's license at the time of arrest or detention, and the administrative revocation of driving privileges by the department of public safety pursuant to 47 Oklahoma Statutes section 754.
(3) The mandatory revocation of driving privileges pursuant to 47 Oklahoma Statutes section 6-205.1, which revocation may be modified as provided by law.
3. Nothing in this subsection shall be construed to prohibit the filing of charges pursuant to 47 Oklahoma Statutes section 761 or 11-902 when facts so warrant. (Ord. 474, 7-16-2001)