§ 661. Driving under the influence while under age.

A.

It shall be unlawful and punishable as provided in Subsection C. of this section, for any person under twenty-one (21) years of age to drive, operate or be in actual physical control of a motor vehicle who:

1.

Has any measurable quantity of alcohol in the person's blood or breath at the time of a test administered within two (2) hours after an arrest of the person;

2.

Exhibits evidence of being under the influence of any other intoxicating substance as shown by analysis of a specimen of the person's blood, breath, saliva or urine in accordance with the provisions of 47 O.S.Supp.1996, §§ 752 and 759; or

3.

Exhibits evidence of the combined influence of alcohol and any other intoxicating substance.

B.

As used in this section, the term "other intoxicating substance" means any controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act, 63 O.S.Supp.1996, §§ 2-101, et seq. , or 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 function.

C.

Every person under twenty-one (21) years of age who is convicted of a violation of this section shall be punished for a first offense by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), excluding costs and assessments, or by completion of twenty (20) hours of community service, or by requiring the person to attend and complete a treatment program, or by any combination of fine, community service or treatment. Every person who is convicted of a violation of this section shall, upon a second or subsequent conviction, be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), excluding costs, fees and assessments, or by completion of forty (40) hours of community service, or by requiring the person to attend and complete a treatment program, or by any combination of fine, community service or treatment.

D.

The court may assess additional community service hours in lieu of any fine specified in this section.

E.

Nothing in this section shall be construed to prohibit the filing of charges pursuant to Sections 656 or 649 of this chapter, when the facts warrant.

(Ord. Nos. 18881, 19166)