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47-11-902v3.


47-11-902v3.
   
   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 who:
   
   1. Has a blood or breath alcohol concentration, as defined in Section
   756 of this title, of ten-hundredths (0.10) 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;
   
   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. Every 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 be punished by imprisonment in jail for not less
   than ten (10) days nor more than one (1) year, and a fine of not more
   than One Thousand Dollars ($1,000.00). Any person who, within ten (10)
   years after a previous conviction of a violation of this section or a
   violation pursuant to the provisions of any law of another state
   prohibiting the offense provided in subsection A of this section, is
   convicted of a second offense pursuant to the provisions of this
   section or has a prior conviction in a municipal criminal court of
   record for the violation of a municipal ordinance prohibiting the
   offense provided for in subsection A of this section and within ten
   (10) years of such municipal conviction is convicted pursuant to the
   provision of this section shall be deemed guilty of a felony and shall
   be sentenced to the custody of the Department of Corrections for not
   less than one (1) year and not to exceed five (5) years and a fine of
   not more than Two Thousand Five Hundred Dollars ($2,500.00). Any
   person who is convicted of a second felony offense pursuant to the
   provisions of this section shall be sentenced to the custody of the
   Department of Corrections for not less than one (1) year and not to
   exceed seven (7) years and a fine of not more than Five Thousand
   Dollars ($5,000.00). Any person who is convicted of a third or
   subsequent felony offense pursuant to the provisions of this section
   shall be sentenced to the custody of the Department of Corrections for
   not less than one (1) year and not to exceed ten (10) years and a fine
   of not more than Five Thousand Dollars ($5,000.00).
   
   Provided, however, a conviction from another state shall not be used
   to enhance punishment pursuant to the provisions of this subsection if
   that conviction is based on a blood or breath alcohol concentration of
   less than ten-hundredths (0.10).
   
   In any case in which a defendant is charged with a second or
   subsequent driving under the influence of alcohol or other
   intoxicating substance offense within any municipality with a
   municipal court other than a court of record, the charge shall be
   filed with the district court of the county within which the
   municipality is located.
   
   D. When a person is sentenced to the custody of the Department of
   Corrections, the person shall be processed through the Lexington
   Assessment and Reception Center or at a place determined by the
   Director of the Department of Corrections. The Department of
   Corrections shall classify and assign the person to one or more of the
   following:
   
   1. The Department of Mental Health and Substance Abuse Services
   pursuant to paragraph 1 of subsection A of Section 612 of Title 57 of
   the Oklahoma Statutes; or
   
   2. A correctional facility operated by the Department of Corrections.
   
   E. In the event a felony conviction does not result in the person
   being sentenced to the custody of the Department of Corrections, the
   person shall be required to serve not less than ten (10) days of
   community service, or to undergo inpatient rehabilitation or treatment
   in a public or private facility with at least minimum security for a
   period of not less than forty-eight (48) consecutive hours,
   notwithstanding the provisions of Sections 991a, 991a-2 and 996.3 of
   Title 22 of the Oklahoma Statutes.
   
   F. The Department of Mental Health and Substance Abuse Services and
   the Department of Corrections may certify to the Department of Public
   Safety that a person has successfully completed a treatment program
   and is successfully complying with any follow-up treatment required by
   the Department of Corrections. In such case, the person shall be given
   credit therefor as fulfillment of all provisions of Section 3-453 of
   Title 43A of the Oklahoma Statutes and shall be permitted to apply for
   reinstatement of any suspension, revocation, cancellation or denial
   order withdrawing a privilege to drive.
   
   G. The Department of Public Safety is hereby authorized to reinstate
   any suspended or revoked license when the applicant meets the
   statutory requirements which affect the existing driving privilege.
   
   H. Except as provided in subsection J of this section, any person who
   is found guilty of a violation of the provisions of this section shall
   be ordered to participate in, prior to sentencing, an alcohol and drug
   substance abuse evaluation program offered by a facility or qualified
   practitioner certified by the Department of Mental Health and
   Substance Abuse Services for the purpose of evaluating the receptivity
   to treatment and prognosis of the person. The court shall order the
   person to reimburse the facility or qualified practitioner for the
   evaluation. The Department of Mental Health and Substance Abuse
   Services shall establish a fee schedule, based upon a person's ability
   to pay, provided the fee for an evaluation shall not exceed
   Seventy-five Dollars ($75.00). The evaluation shall be conducted at a
   certified facility, the office of a qualified practitioner or at
   another location as ordered by the court. The facility or qualified
   practitioner shall, within seventy-two (72) hours from the time the
   person is assessed, submit a written report to the court for the
   purpose of assisting the court in its final sentencing determination.
   If such report indicates that the evaluation shows that the defendant
   would benefit from a treatment program, the court shall, as a
   condition of any sentence imposed, including deferred and suspended
   sentences, require the person to participate in an alcohol and drug
   substance abuse treatment program at an approved treatment facility as
   defined by Section 3-403 of Title 43A of the Oklahoma Statutes. No
   person, agency or facility operating an alcohol and drug substance
   abuse evaluation program certified by the Department of Mental Health
   and Substance Abuse Services shall solicit or refer any person
   evaluated pursuant to this section for any treatment program or
   alcohol and drug substance abuse service in which such person, agency
   or facility has a vested interest; however, this provision shall not
   be construed to prohibit the court from ordering participation in or
   any person from voluntarily utilizing a treatment program or alcohol
   and drug substance abuse service offered by such person, agency or
   facility. If a person is sentenced to the custody of the Department of
   Corrections and the court has received a written evaluation report
   pursuant to the provisions of this subsection, the report shall be
   furnished to the Department of Corrections with the judgment and
   sentence. Any evaluation report submitted to the court pursuant to the
   provisions of this subsection shall be handled in a manner which will
   keep such report confidential from the general public's review.
   Nothing contained in this subsection shall be construed to prohibit
   the court from ordering judgment and sentence in the event the
   defendant fails or refuses to comply with an order of the court to
   obtain the evaluation required by this subsection. As used in this
   subsection, "qualified practitioner" means a person with at least a
   bachelor's degree in substance abuse treatment, mental health or a
   related health care field and at least two (2) years' experience in
   providing alcohol treatment, other drug abuse treatment, or both
   alcohol and other drug abuse treatment who is certified each year by
   the Department of Mental Health and Substance Abuse Services to
   provide these assessments. Nothing contained in this subsection shall
   be construed to prohibit the court from ordering judgment and sentence
   and any other sanction authorized by law for failure or refusal to
   comply with an order of the court.
   
   I. Any person who is found guilty of a violation of the provisions of
   this section may be required by the court to attend a victims impact
   panel program, if such a program is offered in the county where the
   judgment is rendered, and to pay a fee, not less than Fifteen Dollars
   ($15.00) nor more than Twenty-five Dollars ($25.00) as set by the
   governing authority of the program and approved by the court, to the
   program to offset the cost of participation by the defendant, if in
   the opinion of the court the defendant has the ability to pay such
   fee.
   
   J. Any person who is found guilty of a felony violation of the
   provisions of this section, who receives a suspended sentence and who
   does not already have an ignition interlock device installed pursuant
   to Section 754.1 of this title, shall as a condition of that suspended
   sentence be required to have installed an ignition interlock device
   approved by the Department of Public Safety at the person's own
   expense for a period of not less than six (6) months nor more than
   three (3) years. The ignition interlock device shall be placed on the
   motor vehicle owned by the defendant or on the vehicle most regularly
   operated by the defendant. The person shall pay the monthly
   maintenance fee for the ignition interlock device as a condition of
   the suspended sentence. The installation of an ignition interlock
   device, as required by this subsection, shall not be construed to
   authorize the person to drive unless the person is otherwise eligible
   to drive.
   
   K. Any person who, within ten (10) years after a previous conviction
   of a violation of this section or a violation pursuant to the
   provisions of law of another state prohibiting the offense provided in
   subsection A of this section or a violation of a municipal ordinance
   prohibiting the offense provided in subsection A of this section,
   pleads guilty or nolo contendere or is convicted of a violation of
   this section shall not be required to undergo the alcohol and drug
   substance evaluation program required by subsection H of this section.
   The court shall, as a condition of any sentence imposed, including
   deferred and suspended sentences, require the person to participate in
   an alcohol and drug substance abuse treatment program pursuant to
   Section 3-452 of Title 43A of the Oklahoma Statutes.
   

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