Okla. Stat. tit. 3, § 3-301

Definitions - Penalties - Treatment.

A. It is unlawful and punishable as provided in subsection D of

this section for any person to operate an aircraft within this state

who:

1. Has a blood or breath alcohol concentration, as defined in

Section 305 of this title, of four-hundredths (0.04) or more within

two (2) hours after the arrest of such person; or

2. Is under the influence of any intoxicant.

B. The fact that any person charged with a violation of this

section is or has been lawfully entitled to use an intoxicant shall

not constitute a defense against any charge of violating this

section.

C. As used in Sections 301 through 308 of this title:

1. “Intoxicant” means:

a. any beverage containing alcohol,

b. 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,

c. any substance which is capable of being ingested,

inhaled, injected or absorbed into the human body and

is capable of adversely affecting the central nervous

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system, vision, hearing or other sensory or motor

functions of the human body, and

d. any combination of alcohol, controlled dangerous

substances, and substances capable of being ingested,

inhaled, injected or absorbed into the human body and

capable of adversely affecting the central nervous

system, vision, hearing or other sensory or motor

functions of the human body; and

2. “Operate” means manipulating any of the levers, the starting

mechanism, the brakes or other mechanism or device of an aircraft,

setting in motion any aircraft, or piloting any aircraft.

D. 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 is convicted of a second or subsequent offense

pursuant to the provisions of this section or has a prior conviction

within ten (10) years prior to the conviction pursuant to the

provisions of this section, 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 shall be guilty of a

Class D1 felony offense and shall be sentenced as provided for in

subsections B through F of Section 20N of Title 21 of the Oklahoma

Statutes, and a fine of not to exceed Two Thousand Five Hundred

Dollars ($2,500.00); provided, such fine shall be in addition to

other punishment provided by law and shall not be imposed in lieu of

other punishment. When a sentence of incarceration is imposed, 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. If the person is evaluated to be

receptive to treatment and not deemed by the Department of

Corrections to be a security risk, the person shall be assigned to

the Department of Mental Health and Substance Abuse Services for

substance abuse treatment. The inmate shall be required to

reimburse the Department of Mental Health and Substance Abuse

Services for all or part of the actual cost incurred for treatment

of the inmate while the inmate was assigned to the Department of

Mental Health and Substance Abuse Services, if at the time the

sentence of incarceration was imposed, the court determined that the

convicted person has the ability to pay for all or part of the cost

of treatment. The court shall determine the amount of reimbursement

the convicted person shall pay. While assigned to such a Department

of Mental Health and Substance Abuse Services treatment program the
ealth and Substance Abuse Services, if at the time the

sentence of incarceration was imposed, the court determined that the

convicted person has the ability to pay for all or part of the cost

of treatment. The court shall determine the amount of reimbursement

the convicted person shall pay. While assigned to such a Department

of Mental Health and Substance Abuse Services treatment program the

inmate shall comply with the rules and regulations as agreed upon by

the Department of Mental Health and Substance Abuse Services and the

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Department of Corrections. Any infraction of said rules may result

in the inmate's reassignment to a correctional facility of the

Department of Corrections. Upon successful completion of the

treatment program the person shall be properly reassigned by the

Department of Corrections for the completion of the sentence imposed

by the court. Prior to discharge from the treatment facility, the

treatment facility shall forward to the Department of Corrections a

report and discharge summary including arrangements and

recommendations for further disposition and follow-up treatment. If

the person is evaluated not to be receptive to treatment or is

evaluated to be a security risk, the inmate shall be assigned to a

state correctional facility according to normal Department of

Corrections classification procedures. In the event a felony

conviction does not result in a sentence of incarceration as

provided for in this subsection, the person shall be required to

serve not less than ten (10) days of community service, or to

undergo in-patient 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.

E. Any person who is found guilty of a violation of the

provisions of this section may be referred, prior to sentencing, to

an alcoholism evaluation facility designated 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 for the

evaluation in an amount not to exceed Seventy-five Dollars ($75.00).

The facility shall, within seventy-two (72) hours, submit a written

report to the court for the purpose of assisting the court in its

final sentencing determination.