1. 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. 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. 2. Is under the influence of alcohol;
   3. 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. 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.
2. 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.

3. C.

   1. 1. Any 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 less than One Hundred Fifty Dollars ($150.00) nor more than One Thousand Dollars ($1,000.00).

   2. 2. 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:

      1. a. treatment for a minimum of twenty-eight (28) days followed by thirty (30) days of aftercare at the defendant’s expense, or

      2. b. 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 less than One Hundred Fifty Dollars ($150.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00).

         However, if the treatment in subparagraph a of this paragraph does not include inpatient treatment for a period of not less than five (5) days, the person shall serve a term of imprisonment of at least five (5) days.

   3. 3. Any person who is convicted of a second felony offense pursuant to the provisions of this section shall be sentenced to:

      1. a. treatment for a minimum of twenty-eight (28) days followed by ninety (90) days of aftercare at the defendant’s expense, two hundred forty (240) hours of community service following the aftercare and use of an ignition interlock device, or

      2. b. 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 less than One Hundred Fifty Dollars ($150.00) nor more than Five Thousand Dollars ($5,000.00).

         However, if the treatment in subparagraph a of this paragraph does not include inpatient treatment for a period of not less than ten (10) days, the person shall serve a term of imprisonment of at least ten (10) days.

   4. 4. Any person who is convicted of a third or subsequent felony offense pursuant to the provisions of this section shall be sentenced to:

      1. a. inpatient treatment for a minimum of twenty-eight (28) days followed by not less than one (1) year of supervision, periodic testing, and aftercare at the defendant’s expense, four hundred eighty (480) hours of community service following the period of aftercare, and use of an ignition interlock device for a minimum of thirty (30) days, or

      2. b. 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 less than One Hundred Fifty Dollars ($150.00) nor more than Five Thousand Dollars ($5,000.00).

         However, if the person does not undergo inpatient treatment pursuant to subparagraph a of this paragraph the person shall serve a term of imprisonment of at least ten (10) days.

   5. 5. Any person who, within ten (10) years after a previous conviction of a violation of murder in the second degree or manslaughter in the first degree in which the death was caused as a result of driving under the influence of alcohol or other intoxicating substance, is convicted of a violation of this section shall be deemed guilty of a felony.
   6. 6. 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).
   7. 7. 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 presented to the county’s district attorney and filed with the district court of the county within which the municipality is located.
   8. 8. One Hundred Fifty Dollars ($150.00) of any fine imposed under this subsection shall be remitted by the court to the Department of Public Safety to be deposited in the Department of Public Safety Patrol Vehicle Revolving Fund.
4. D. Any person who is convicted of a violation of driving under the influence with a blood or breath alcohol concentration of fifteen-hundredths (0.15) or more shall be deemed guilty of aggravated driving under the influence. Aggravated driving under the influence shall be punishable by mandatory inpatient treatment for a minimum of twenty-eight (28) days followed by not less than one (1) year of supervision, periodic testing, and aftercare at the defendant’s expense, four hundred eighty (480) hours of community service following the period of aftercare, and an ignition interlock device for a minimum of thirty (30) days. Nothing in this subsection shall preclude the defendant from being charged or punished as provided in paragraphs 1, 2, 3, 4 or 5 of subsection C of this section.

5. E. When a person is sentenced to imprisonment in 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. 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. 2. A correctional facility operated by the Department of Corrections with assignment to substance abuse treatment.
6. F. The Department of Mental Health and Substance Abuse Services and the Department of Corrections shall certify to the Department of Public Safety that a person has participated in an alcohol and substance abuse evaluation and assessment program, as provided in subsection H of this section, and successfully completed any drug treatment program required by the court 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, if the person is otherwise eligible.
7. G. The Department of Public Safety is hereby authorized to reinstate any suspended or revoked driving privilege when the person meets the statutory requirements which affect the existing driving privilege.
8. 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 and assessment program offered by a facility or qualified practitioner certified by the Department of Mental Health and Substance Abuse Services for the purpose of evaluating and assessing 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 and assessment. 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 and assessment shall not exceed Seventy-five Dollars ($75.00). The evaluation and assessment 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 evaluated and 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 and assessment 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 and assessment program certified by the Department of Mental Health and Substance Abuse Services shall solicit or refer any person evaluated and assessed 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 imprisonment in 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 and assessment 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 and assessment required by this subsection. If the defendant fails or refuses to comply with an order of the court to obtain the evaluation and assessment, the Department of Public Safety shall not reinstate driving privileges until the defendant has complied in full with such order. 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.
9. 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.
10. J. Any person who is found guilty of a second or subsequent violation of the provisions of this section, shall be ordered by the court to have installed, after the conclusion of the mandatory revocation period pursuant to Section 6-205.1 of this title, on every motor vehicle owned by the person and on the vehicle regularly operated by the person, if such vehicle is not owned by the person pursuant to Sections 754.1 and 755 of this title, 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 person shall pay the monthly maintenance fee for each ignition interlock device installed pursuant to this subsection. 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.
11. K. Any person who is found guilty of a felony violation of the provisions of this section may be required to submit to electronic monitoring as authorized and defined by Section 991a of Title 22 of the Oklahoma Statutes.
12. L. 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.
13. M. Any person who is found guilty of a violation of the provisions of this section who has been sentenced by the court to perform any type of community service shall not be permitted to pay a fine in lieu of performing the community service.

Laws 1961, HB 556, p. 386, § 11-902, eff. September 1, 1961; Amended by Laws 1967, SB 87, c. 58, § 1, emerg. eff. April 17, 1967; Amended by Laws 1971, HB 1152, c. 153, § 1; Amended by Laws 1978, SB 418, c. 108, § 1; Amended by Laws 1982, HB 1699, c. 294, § 9, emerg. eff. July 1, 1982; Amended by Laws 1983, SB 160, c. 119, § 1, emerg. eff. May 17, 1983; Amended by Laws 1984, HB 1034, c. 254, § 5, eff. November 1, 1984; Amended by Laws 1985, HB 1393, c. 338, § 6, eff. November 1, 1985; Amended by Laws 1986, HB 1633, c. 279, § 21, emerg. eff. July 1, 1986; Amended by Laws 1988, SB 556, c. 242, § 9, eff. November 1, 1988; Amended by Laws 1990, SB 866, c. 51, § 109, emerg. eff. April 9, 1990; Amended by Laws 1992, SB 814, c. 382, § 7, emerg. eff. June 9, 1992; Amended by Laws 1993, SB 467, c. 276, § 13, emerg. eff. May 27, 1993; Amended by Laws 1994, SB 741, c. 387, § 5, eff. July 1, 1995; Amended by Laws 1995, HB 1012, c. 1, § 17, emerg. eff. March 2, 1995; Amended by Laws 1995, SB 127, c. 313, § 3, emerg. eff. July 1, 1995; Amended by Laws 1997, HB 1213, c. 133, § 481, eff. July 1, 1998 (superseded document available); Amended by Laws 1997, SB 611, c. 420, § 4, eff. July 1, 1998 (superseded document available); Amended by Laws 1997, SB 611, c. 420, § 5, eff. July 1, 1998 (superseded document available); Amended by Laws 1998, HB 2616, c. 89, § 3, emerg. eff. July 1, 1998 (effective date amended to July 1, 1999, by Laws 1998, 1st Extr. Sess., HB 1002, c. 2, §§ 23-26, emerg. eff. June 19, 1998) (superseded document available); Amended by Laws 1999, SB 695, c. 106, § 4, emerg. eff. April 19, 1999; Amended by Laws 1999, SB 695, c. 106, § 5, emerg. eff. April 19, 1999 (superseded document available ); Amended by Laws 1999, SB 423, c. 391, § 2, emerg. eff. July 1, 1999 (repealed by Laws 2000, HB 2711, c. 6, § 33, emerg. eff. March 20, 2000) (superseded document available ); Amended by Laws 1999, HB 1088, c. 170, § 1, eff. November 1, 1999; Amended by Laws 1999, HB 1783, c. 308, § 1, eff. November 1, 1999 (repealed by Laws 2000, HB 2711, c. 6, § 33, emerg. eff. March 20, 2000); Amended by Laws 1999, HB 1082, c. 395, § 1, eff. November 1, 1999 (superseded document available); Amended by Laws 2000, HB 2711, c. 6, § 11, emerg. eff. March 20, 2000 (superseded document available); Amended by Laws 2000, HB 1920, c. 285, § 3, emerg. eff. July 1, 2000; Amended by Laws 2000, SB 1443, c. 368, § 1, eff. November 1, 2000 (repealed by Laws 2000, 1st Extr. Sess., SB 3, c. 8, § 34, emerg. eff. July 1, 2000); Amended by Laws 2000, 1st Extr. Sess., SB 3, c. 8, § 20, emerg. eff. July 1, 2000 (superseded document available); Amended by Laws 2001, SB 544, c. 133, § 3, emerg. eff. April 24, 2001 (superseded document available).