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LI <br /> Section 2. Section 1 (part) of Ordinance No. 1246-86, as amended by Section 1 of Ordinance <br /> No. 2415-99, as amended by Section 15 of Ordinance No. 3135-09,as amended by Section 2of <br /> Ordinance of Ordinance No. 3337-13 (EMC 12.02.130),which reads as follows: <br /> Operation of a vessel while under the influence of intoxicating liquor,marijuana, or any <br /> drug—Penalty. <br /> A. It is unlawful for any person to operate a vessel while under the influence of intoxicating <br /> liquor,marijuana, or any drug. A person is considered to be under the influence of intoxicating <br /> liquor,marijuana, or any drug if,within two hours of operating a vessel: <br /> 1. The person has an alcohol concentration of 0.08 or higher as shown by analysis of the <br /> person's breath or blood made under RCW 46.61.506; or <br /> 2. The person has a THC concentration of 5.00 or higher as shown by analysis of the person's <br /> blood made under RCW 46.61.506; or <br /> 3. The person is under the influence of or affected by intoxicating liquor,marijuana, or any <br /> drug; or <br /> 4. The person is under the combined influence of or affected by intoxicating liquor,marijuana, <br /> and any drug. <br /> B. The fact that any person charged with a violation of this section is or has been entitled to use <br /> such drug under the laws of this state shall not constitute a defense against any charge of <br /> violating this section. <br /> C. Any person who operates a vessel within this state is deemed to have given consent, subject <br /> to the provisions of RCW 46.61.506,to a test or tests of the person's breath or blood for the <br /> purpose of determining the alcohol concentration, THC concentration, or presence of any drug in <br /> the person's breath or blood if arrested for any offense where, at the time of the arrest,the <br /> arresting officer has reasonable grounds to believe the person was operating a vessel while under <br /> the influence of intoxicating liquor,marijuana, or any drug.Neither consent nor this section <br /> precludes a police officer from obtaining a search warrant for a person's breath or blood.An <br /> arresting officer may administer field sobriety tests when circumstances permit. <br /> D. The test or tests of breath must be administered pursuant to RCW 46.20.308. Where the <br /> officer has reasonable grounds to believe that the person is under the influence of a drug,or <br /> where the person is incapable due to physical injury,physical incapacity,or other physical <br /> limitation, of providing a breath sample, or where the person is being treated in a hospital,clinic, <br /> doctor's office,emergency medical vehicle, ambulance,or other similar facility, a blood test <br /> must be administered by a qualified person as provided in RCW 46.61.506(5). The officer shall <br /> warn the person that if the person refuses to take the test,the person will be issued a class 1 civil <br /> infraction under RCW 7.80.120. <br /> 65 <br />