Okla. Stat. tit. 47, § 47-11-906.4
This is the official text of Okla. Stat. tit. 47, § 47-11-906.4, part of Oklahoma’s Stat. tit. 47, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 47,." Browse the sections below, each linked to its official government source.
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Operating or being in actual physical control of
Official statutory text
motor vehicle while under the influence while under age - Penalties.
A. It is unlawful, and punishable as provided in subsection B
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 within this state 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 Sections 752 and 759 of this title; or
3. Exhibits evidence of the combined influence of alcohol and
any other intoxicating substance.
B. Any person under twenty-one (21) years of age who violates
any provision of this section shall be subject to the seizure of the
driver license of that person at the time of arrest or detention and
the person, upon conviction, shall be guilty of operating or being
in actual physical control of a motor vehicle while under the
influence while under age and shall be punished:
1. For a first conviction, by:
a. a fine of not less than One Hundred Dollars ($100.00)
nor more than Five Hundred Dollars ($500.00),
b. assignment to and completion of twenty (20) hours of
community service,
c. requiring the person to attend and complete a
treatment program, or
d. any combination of fine, community service, or
treatment;
2. Upon a second conviction, by:
a. assignment to and completion of not less than two
hundred forty (240) hours of community service, and
b. the requirement, after the conclusion of the mandatory
revocation period, to install an ignition interlock
device or devices, as provided by subparagraph n of
paragraph 1 of subsection A of Section 991a of Title
22 of the Oklahoma Statutes, for a period of not less
than thirty (30) days.
In addition, a second conviction may be punished by a fine of not
less than One Hundred Dollars ($100.00) nor more than One Thousand
Oklahoma Statutes - Title 47. Motor Vehicles Page 555
Dollars ($1,000.00), or by requiring the person to attend and
complete a treatment program, as recommended by the assessment
required pursuant to subparagraph c of paragraph 2 of subsection D
of this section, or by both; or
3. Upon a third or subsequent conviction, by:
a. assignment to and completion of not less than four
hundred eighty (480) hours of community service, and
b. the requirement, after the conclusion of the mandatory
revocation period, to install an ignition interlock
device or devices, as provided by subparagraph n of
paragraph 1 of subsection A of Section 991a of Title
22 of the Oklahoma Statutes, for a period of not less
than thirty (30) days.
In addition, a third or subsequent conviction may be punished by a
fine of not less than One Hundred Dollars ($100.00) nor more than
Two Thousand Dollars ($2,000.00), or by requiring the person to
attend and complete a treatment program, as recommended by the
assessment required pursuant to subparagraph c of paragraph 2 of
subsection D of this section, or by both.
C. The court may assess additional community service hours in
lieu of any fine specified in this section.
D. In addition to any penalty or condition imposed pursuant to
the provisions of this section, the person shall be subject to:
1. Upon a first conviction:
a. the cancellation or denial of driving privileges as
ordered by the court pursuant to subsection B of
Section 6-107.1 of this title,
b. the mandatory revocation of driving privileges
pursuant to Section 6-205.1, 753 or 754 of this title,
which revocation period may be modified as provided by
law, and
c. the continued installation of an ignition interlock
device or devices, at the expense of the person, as
provided in subsection D of Section 6-212.3 of this
court pursuant to subsection B of
Section 6-107.1 of this title,
b. the mandatory revocation of driving privileges
pursuant to Section 6-205.1, 753 or 754 of this title,
which revocation period may be modified as provided by
law, and
c. the continued installation of an ignition interlock
device or devices, at the expense of the person, as
provided in subsection D of Section 6-212.3 of this
title, after the mandatory period of cancellation,
denial or revocation for a period as provided in
paragraph 1 of subsection A of Section 6-212.3 of this
title;
2. Upon a second conviction:
a. the cancellation or denial of driving privileges, as
ordered by the court pursuant to subsection B of
Section 6-107.2 of this title,
b. the mandatory revocation of driving privileges
pursuant to Section 6-205.1, 753 or 754 of this title,
which period may be modified as provided by law,
c. an assessment of the person's degree of alcohol abuse,
in the same manner as prescribed in subsection H of
Oklahoma Statutes - Title 47. Motor Vehicles Page 556
Section 11-902 of this title, which may result in
treatment as deemed appropriate by the court, and
d. the continued installation of an ignition interlock
device or devices, at the expense of the person, as
provided in subsection D of Section 6-212.3 of this
title, after the mandatory period of cancellation,
denial or revocation for a period as provided in
paragraph 2 of subsection A of Section 6-212.3 of this
title; and
3. Upon a third or subsequent conviction:
a. the cancellation or denial of driving privileges as
ordered by the court pursuant to subsection B of
Section 6-107.2 of this title,
b. the mandatory revocation of driving privileges
pursuant to Section 6-205.1, 753 or 754 of this title,
which period may be modified as provided by law,
c. an assessment of the person’s degree of alcohol abuse,
in the same manner as prescribed in subsection H of
Section 11-902 of this title, which may result in
treatment as deemed appropriate by the court, and
d. the continued installation of an ignition interlock
device or devices, at the expense of the person, as
provided in subsection D of Section 6-212.3 of this
title, after the mandatory period of cancellation,
denial, or revocation for a period as provided in
paragraph 3 of subsection A of Section 6-212.3 of this
title.
E. Nothing in this section shall be construed to prohibit the
filing of charges pursuant to Section 761 or 11-902 of this title
when the facts warrant.
F. As used in this section:
1. The term "conviction" includes a juvenile delinquency
adjudication by a court; and
2. The term "revocation" includes the cancellation or denial of
driving privileges by the Department.
A. It is unlawful, and punishable as provided in subsection B
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 within this state 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 Sections 752 and 759 of this title; or
3. Exhibits evidence of the combined influence of alcohol and
any other intoxicating substance.
B. Any person under twenty-one (21) years of age who violates
any provision of this section shall be subject to the seizure of the
driver license of that person at the time of arrest or detention and
the person, upon conviction, shall be guilty of operating or being
in actual physical control of a motor vehicle while under the
influence while under age and shall be punished:
1. For a first conviction, by:
a. a fine of not less than One Hundred Dollars ($100.00)
nor more than Five Hundred Dollars ($500.00),
b. assignment to and completion of twenty (20) hours of
community service,
c. requiring the person to attend and complete a
treatment program, or
d. any combination of fine, community service, or
treatment;
2. Upon a second conviction, by:
a. assignment to and completion of not less than two
hundred forty (240) hours of community service, and
b. the requirement, after the conclusion of the mandatory
revocation period, to install an ignition interlock
device or devices, as provided by subparagraph n of
paragraph 1 of subsection A of Section 991a of Title
22 of the Oklahoma Statutes, for a period of not less
than thirty (30) days.
In addition, a second conviction may be punished by a fine of not
less than One Hundred Dollars ($100.00) nor more than One Thousand
Oklahoma Statutes - Title 47. Motor Vehicles Page 555
Dollars ($1,000.00), or by requiring the person to attend and
complete a treatment program, as recommended by the assessment
required pursuant to subparagraph c of paragraph 2 of subsection D
of this section, or by both; or
3. Upon a third or subsequent conviction, by:
a. assignment to and completion of not less than four
hundred eighty (480) hours of community service, and
b. the requirement, after the conclusion of the mandatory
revocation period, to install an ignition interlock
device or devices, as provided by subparagraph n of
paragraph 1 of subsection A of Section 991a of Title
22 of the Oklahoma Statutes, for a period of not less
than thirty (30) days.
In addition, a third or subsequent conviction may be punished by a
fine of not less than One Hundred Dollars ($100.00) nor more than
Two Thousand Dollars ($2,000.00), or by requiring the person to
attend and complete a treatment program, as recommended by the
assessment required pursuant to subparagraph c of paragraph 2 of
subsection D of this section, or by both.
C. The court may assess additional community service hours in
lieu of any fine specified in this section.
D. In addition to any penalty or condition imposed pursuant to
the provisions of this section, the person shall be subject to:
1. Upon a first conviction:
a. the cancellation or denial of driving privileges as
ordered by the court pursuant to subsection B of
Section 6-107.1 of this title,
b. the mandatory revocation of driving privileges
pursuant to Section 6-205.1, 753 or 754 of this title,
which revocation period may be modified as provided by
law, and
c. the continued installation of an ignition interlock
device or devices, at the expense of the person, as
provided in subsection D of Section 6-212.3 of this
court pursuant to subsection B of
Section 6-107.1 of this title,
b. the mandatory revocation of driving privileges
pursuant to Section 6-205.1, 753 or 754 of this title,
which revocation period may be modified as provided by
law, and
c. the continued installation of an ignition interlock
device or devices, at the expense of the person, as
provided in subsection D of Section 6-212.3 of this
title, after the mandatory period of cancellation,
denial or revocation for a period as provided in
paragraph 1 of subsection A of Section 6-212.3 of this
title;
2. Upon a second conviction:
a. the cancellation or denial of driving privileges, as
ordered by the court pursuant to subsection B of
Section 6-107.2 of this title,
b. the mandatory revocation of driving privileges
pursuant to Section 6-205.1, 753 or 754 of this title,
which period may be modified as provided by law,
c. an assessment of the person's degree of alcohol abuse,
in the same manner as prescribed in subsection H of
Oklahoma Statutes - Title 47. Motor Vehicles Page 556
Section 11-902 of this title, which may result in
treatment as deemed appropriate by the court, and
d. the continued installation of an ignition interlock
device or devices, at the expense of the person, as
provided in subsection D of Section 6-212.3 of this
title, after the mandatory period of cancellation,
denial or revocation for a period as provided in
paragraph 2 of subsection A of Section 6-212.3 of this
title; and
3. Upon a third or subsequent conviction:
a. the cancellation or denial of driving privileges as
ordered by the court pursuant to subsection B of
Section 6-107.2 of this title,
b. the mandatory revocation of driving privileges
pursuant to Section 6-205.1, 753 or 754 of this title,
which period may be modified as provided by law,
c. an assessment of the person’s degree of alcohol abuse,
in the same manner as prescribed in subsection H of
Section 11-902 of this title, which may result in
treatment as deemed appropriate by the court, and
d. the continued installation of an ignition interlock
device or devices, at the expense of the person, as
provided in subsection D of Section 6-212.3 of this
title, after the mandatory period of cancellation,
denial, or revocation for a period as provided in
paragraph 3 of subsection A of Section 6-212.3 of this
title.
E. Nothing in this section shall be construed to prohibit the
filing of charges pursuant to Section 761 or 11-902 of this title
when the facts warrant.
F. As used in this section:
1. The term "conviction" includes a juvenile delinquency
adjudication by a court; and
2. The term "revocation" includes the cancellation or denial of
driving privileges by the Department.
Status: in_force · Read it on the official government site
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