47-11-902v1.

§47-11-902v1.


    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.
    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, Section 2-101 et seq. of
Title 63 of the Oklahoma Statutes, 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.
    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).
    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.  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;
    2.  The Electronic Monitoring Program pursuant to Section 510.9
of Title 57 of the Oklahoma Statutes with participation in a
substance abuse treatment program and follow-up treatment;
    3.  A correctional facility operated by the Department of
Corrections; or
    4.  Other alternative to incarceration authorized by law.
    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.  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.
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.  However, any person who does not meet the
requirements for a qualified practitioner as defined herein, but who
has been previously certified by the Department of Mental Health and
Substance Abuse Services to provide alcohol or drug treatment or
assessments, shall be considered a qualified practitioner provided
all education, experience and certification requirements stated
herein are met within two (2) years from June 7, 1994.  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.







NOTE:  Text effective beginning July 1, 1998.