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• <br /> 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. A person cited under this subsection may upon request be given a breath <br /> test for blood alcohol or may request to have a blood sample taken for blood alcohol analysis. An <br /> arresting officer shall administer field sobriety tests when circumstances permit. <br /> A violation of this section is a misdemeanor,punishable by up to ninety days in jail and by a fine <br /> of not more than one thousand dollars. In addition,the court may order the defendant to pay <br /> restitution for any damages or injuries resulting from the offense. <br /> Is hereby amended to read as follows: <br /> Operation of vessel while under the influence of intoxicating liquor or any drug - Penalty. <br /> A. It is unlawful for any to operate a vessel while under the influence of intoxicating liquor <br /> or any drug. A person is considered to be under the influence of intoxicating liquor or any drug <br /> if: <br /> 1. The person has 0.08 grams or more of alcohol per two hundred ten liters of breath, as shown <br /> by analysis of the person's breath made under RCW 46.61.506; or <br /> 2. The person has 0.08 percent or more by weight of alcohol in the person's blood, as shown by <br /> analysis of the person's blood made under RCW 46.61.506; or <br /> 3. The person is under the influence of or affected by intoxicating liquor or any drug; or <br /> 4. The person is under the combined influence of or affected by intoxicating liquor and any <br /> drug. <br /> 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. A person cited under this section may upon request be given a breath test <br /> for breath alcohol or may request to have a blood sample taken for blood alcohol analysis. An <br /> arresting officer shall administer field sobriety tests when circumstances permit. <br /> B. 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 defendant to <br /> pay restitution for any damages or injuries resulting from the offense. <br /> Section 16: Ordinance 1246-86 § 1 (part), 1986 (Chapter 12.02 EMC) is hereby amended by the <br /> addition of the following section: <br /> 15 <br />