{"data":{"id":"us-ok/okla.-stat.-tit.-3-3-301","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 3, § 3-301","heading":"Operation of aircraft under influence of intoxicants -","body":"Definitions - Penalties - Treatment.\n\nA. It is unlawful and punishable as provided in subsection D of\n\nthis section for any person to operate an aircraft within this state\n\nwho:\n\n1. Has a blood or breath alcohol concentration, as defined in\n\nSection 305 of this title, of four-hundredths (0.04) or more within\n\ntwo (2) hours after the arrest of such person; or\n\n2. Is under the influence of any intoxicant.\n\nB. The fact that any person charged with a violation of this\n\nsection is or has been lawfully entitled to use an intoxicant shall\n\nnot constitute a defense against any charge of violating this\n\nsection.\n\nC. As used in Sections 301 through 308 of this title:\n\n1. “Intoxicant” means:\n\na. any beverage containing alcohol,\n\nb. any controlled dangerous substance as defined in the\n\nUniform Controlled Dangerous Substances Act, Section\n\n2-101 et seq. of Title 63 of the Oklahoma Statutes,\n\nc. any substance which is capable of being ingested,\n\ninhaled, injected or absorbed into the human body and\n\nis capable of adversely affecting the central nervous\n\nsystem, vision, hearing or other sensory or motor\n\nfunctions of the human body, and\n\nd. any combination of alcohol, controlled dangerous\n\nsubstances, and substances capable of being ingested,\n\ninhaled, injected or absorbed into the human body and\n\ncapable of adversely affecting the central nervous\n\nsystem, vision, hearing or other sensory or motor\n\nfunctions of the human body; and\n\n2. “Operate” means manipulating any of the levers, the starting\n\nmechanism, the brakes or other mechanism or device of an aircraft,\n\nsetting in motion any aircraft, or piloting any aircraft.\n\nD. Every person who is convicted of a violation of the\n\nprovisions of this section shall be deemed guilty of a misdemeanor\n\nfor the first offense and shall be punished by imprisonment in jail\n\nfor not less than ten (10) days nor more than one (1) year, and a\n\nfine of not more than One Thousand Dollars ($1,000.00). Any person\n\nwho within ten (10) years after a previous conviction of a violation\n\nof this section is convicted of a second or subsequent offense\n\npursuant to the provisions of this section or has a prior conviction\n\nwithin ten (10) years prior to the conviction pursuant to the\n\nprovisions of this section, in a municipal criminal court of record\n\nfor the violation of a municipal ordinance prohibiting the offense\n\nprovided for in subsection A of this section shall be guilty of a\n\nClass D1 felony offense and shall be sentenced as provided for in\n\nsubsections B through F of Section 20N of Title 21 of the Oklahoma\n\nStatutes, and a fine of not to exceed Two Thousand Five Hundred\n\nDollars ($2,500.00); provided, such fine shall be in addition to\n\nother punishment provided by law and shall not be imposed in lieu of\n\nother punishment. When a sentence of incarceration is imposed, the\n\nperson shall be processed through the Lexington Assessment and\n\nReception Center or at a place determined by the Director of the\n\nDepartment of Corrections. If the person is evaluated to be\n\nreceptive to treatment and not deemed by the Department of\n\nCorrections to be a security risk, the person shall be assigned to\n\nthe Department of Mental Health and Substance Abuse Services for\n\nsubstance abuse treatment. The inmate shall be required to\n\nreimburse the Department of Mental Health and Substance Abuse\n\nServices for all or part of the actual cost incurred for treatment\n\nof the inmate while the inmate was assigned to the Department of\n\nMental Health and Substance Abuse Services, if at the time the\n\nsentence of incarceration was imposed, the court determined that the\n\nconvicted person has the ability to pay for all or part of the cost\n\nof treatment. The court shall determine the amount of reimbursement\n\nthe convicted person shall pay. While assigned to such a Department\n\nof Mental Health and Substance Abuse Services treatment program the\nealth and Substance Abuse Services, if at the time the\n\nsentence of incarceration was imposed, the court determined that the\n\nconvicted person has the ability to pay for all or part of the cost\n\nof treatment. The court shall determine the amount of reimbursement\n\nthe convicted person shall pay. While assigned to such a Department\n\nof Mental Health and Substance Abuse Services treatment program the\n\ninmate shall comply with the rules and regulations as agreed upon by\n\nthe Department of Mental Health and Substance Abuse Services and the\n\nDepartment of Corrections. Any infraction of said rules may result\n\nin the inmate's reassignment to a correctional facility of the\n\nDepartment of Corrections. Upon successful completion of the\n\ntreatment program the person shall be properly reassigned by the\n\nDepartment of Corrections for the completion of the sentence imposed\n\nby the court. Prior to discharge from the treatment facility, the\n\ntreatment facility shall forward to the Department of Corrections a\n\nreport and discharge summary including arrangements and\n\nrecommendations for further disposition and follow-up treatment. If\n\nthe person is evaluated not to be receptive to treatment or is\n\nevaluated to be a security risk, the inmate shall be assigned to a\n\nstate correctional facility according to normal Department of\n\nCorrections classification procedures. In the event a felony\n\nconviction does not result in a sentence of incarceration as\n\nprovided for in this subsection, the person shall be required to\n\nserve not less than ten (10) days of community service, or to\n\nundergo in-patient rehabilitation or treatment in a public or\n\nprivate facility with at least minimum security for a period of not\n\nless than forty-eight (48) consecutive hours, notwithstanding the\n\nprovisions of Sections 991a, 991a-2 and 996.3 of Title 22 of the\n\nOklahoma Statutes.\n\nE. Any person who is found guilty of a violation of the\n\nprovisions of this section may be referred, prior to sentencing, to\n\nan alcoholism evaluation facility designated by the Department of\n\nMental Health and Substance Abuse Services for the purpose of\n\nevaluating the receptivity to treatment and prognosis of the person.\n\nThe court shall order the person to reimburse the facility for the\n\nevaluation in an amount not to exceed Seventy-five Dollars ($75.00).\n\nThe facility shall, within seventy-two (72) hours, submit a written\n\nreport to the court for the purpose of assisting the court in its\n\nfinal sentencing determination.","path":["OK Code","Title 3"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os3.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"2e85dd732cae483c3a2b1ba7d0e8e31683b64bacaaa680e5a9ff009394ca1eb2","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-3-3-281","next":"us-ok/okla.-stat.-tit.-3-3-302"},"notice":"GroundRules: Original legal text. Not legal advice."}