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be given a breath test for blood alcohol or may request to have a blood sample taken for <br /> blood alcohol analysis. An arresting officer shall administer field sobriety tests when <br /> circumstances permit. <br /> A violation of this section is a misdemeanor, punishable by up to ninety days in jail and <br /> by a fine of not more than one thousand dollars. In addition,the court may order the <br /> defendant to pay restitution of any damages or injuries resulting from the offense. <br /> is hereby amended to read as follows: <br /> Operating a vessel while under the influence of intoxicating liquor or any drug. <br /> A person is guilty of operating a vessel while under the influence of intoxicating liquor or <br /> any drug if the person operates a vessel within this city while: <br /> A. The person has 0.08 grams or more of alcohol per two hundred ten liters of <br /> breath, as shown by analysis of the person's breath made under RCW 46.61.506; <br /> or <br /> B. The person has 0.08 percent or more by weight of alcohol in the person's blood, <br /> as shown by analysis of the person's blood made under RCW 46.61.506; or <br /> C. The person is under the influence of or affected by intoxicating liquor or any <br /> drug; or <br /> D. The person is under the combined influence of or affected by intoxicating liquor <br /> and any drug. <br /> The fact that any person charged with a violation of this section is or has been entitled to <br /> use such drug under the laws of this state shall not constitute a defense against any charge <br /> of violating this section. A person cited under this subsection may upon request be given <br /> be given a breath test for blood alcohol or may request to have a blood sample taken for <br /> blood alcohol analysis. An arresting officer shall administer field sobriety tests when <br /> circumstances permit. <br /> A violation of this section is a misdemeanor, punishable by up to ninety days in jail and <br /> by a fine of not more than one thousand dollars. In addition, the court may order the <br /> defendant to pay restitution of any damages or injuries resulting from the offense. <br /> Section 3 Severability. <br /> Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or <br /> its application to any person or situation be declared unconstitutional or invalid for any <br /> reason, such decision shall not affect the validity of the remaining portions of this <br /> ordinance or its application to any other person or situation. The City Council of the City <br /> of Everett hereby declares that it would have adopted this ordinance and each section, <br /> subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one <br /> or more sections, subsections, clauses, phrases or portions be declared invalid or <br /> unconstitutional. <br /> 2 <br />