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12 <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 fer any person to operate a vessel while under the influence of intoxicating <br /> liquor, marijuana, or any drug. r 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 /> -- • . a , . <br /> person's breath or blood made under RCW 16.61.506; or <br /> blood made under RCW 16.61.506; or <br /> drug; or <br /> 11. 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 /> to the previsions of RCW 16.61.506,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 intexicating 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 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 /> must be administered by a qualified person as provided in RCW 16.61.506(5). The officer shall <br /> 138 <br />