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4 <br /> E. A violation of this section is a gross misdemeanor,punishable by up to three hundred sixty- <br /> four days in jail and by a fine of not more than five thousand dollars. In addition to the statutory <br /> penalties imposed,the court may order the defendant to pay restitution for any damages or <br /> injuries resulting from the offense. <br /> Be and the same is hereby amended to read 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 /> , ,• _ -. • -- <br /> person's bfeath or blood made under RCW 16.61.506; 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 16.61.506; or <br /> 3. The-person is under the influence of or affected by intoxicating liquor, marijuana, or any <br /> drug; or <br /> and any drug. <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'16.61.506,to a test or tests of the person's breath or blood for 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 brgath or blood. An <br /> arresting officer may administer field sobriety tests when circumstances permit. <br /> D. The test er tests of breath must be administered pursuant to RCW 16.20.308. 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 16.61.506(5). The officer shall <br /> 66 <br />