2016/05/18 Council Agenda Packet

I Section 2. Section 1 (part) of Ordinance No. 1246-86, as amended by Section 1 of Ordinance No. 2415-99, as amended by Section 15 of Ordinance No. 3135-09, as amended by Section 2 of Ordinance of Ordinance No. 3337-13 (EMC 12.02.130), which reads as follows: Operation of a vessel while under the influence of intoxicating liquor, marijuana, or any drug—Penalty. A. It is unlawful for any person to operate a vessel while under the influence of intoxicating liquor, marijuana, or any drug. A person is considered to be under the influence of intoxicating liquor, marijuana, or any drug if, within two hours of operating a vessel: 1. The person has an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or 2. The person has a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506; or 3. The person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or 4. The person is under the combined influence of or affected by intoxicatinZD g liquor, marijuana, and any drug. B. The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section. C. Any person who operates a vessel within this state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of the person's breath or blood for the purpose of determining the alcohol concentration, THC concentration, or presence of any drug in the person's breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person was operating a vessel while under the influence of intoxicating liquor, marijuana, or any drug. Neither consent nor this section precludes a police officer from obtaining a search warrant for a person's breath or blood. An arresting officer may administer field sobriety tests when circumstances permit. D. The test or tests of breath must be administered pursuant to RCW 46.20.308. Where the officer has reasonable grounds to believe that the person is under the influence of a drug, or where the person is incapable due to physical injury, physical incapacity, or other physical limitation, of providing a breath sample, or where the person is being treated in a hospital, clinic, doctor's office, emergency medical vehicle, ambulance, or other similar facility, a blood test must be administered by a qualified person as provided in RCW 46.61.506(5). The officer shall warn the person that if the person refuses to take the test, the person will be issued a class 1 civil infraction under RCW 7.80.120. 13