§ 649. Persons under the influence of alcohol or other intoxicating substance or combination thereof.

A.

It is unlawful and punishable as provided in Subsection C. of this section for any person to drive, operate or be in actual physical control of a motor vehicle, whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane which provides access to one (1) or more single- or multi-family dwellings who:

1.

Has a blood or breath alcohol concentration, as defined in 47 Supp.2007, § 756, as amended, 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; or

2.

Is under the influence of alcohol; or

3.

Is under the influence of any other 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 Substance Act, 63 O.S.Supp.1996, §§ 2-101, et seq. , 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 this section shall be punished by imprisonment in the City jail for a period of not less than ten (10) days nor more than six (6) months and a fine of not more than One Thousand Dollars ($1,000.00), excluding costs, fees and assessments.

(Ord. Nos. 15822, 18454, 18881, 19166, 20185; Ord. No. 21982, § 15, 12-18-2008)