(A) Definitions. All words, terms or references to blood alcohol concentration tests, as used in this section, shall be defined in the exact and same manner as set out in 47 O.S.
(B) Prohibitions. 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 the town, 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- 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.
(C) Authorized use not a defense. 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.
(Prior Code, § 6-4C-6) Penalty, see § 130.99