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or the operator, or both, may be cited for the applicable infraction or charged with the applicable <br /> crime. <br /> Section 2: <br /> Section 1 (part) of Ordinance No. 1246-86, as amended by Section 1 of Ordinance No. 2415-99 <br /> and Section 15 of Ordinance No. 3135-09 (EMC 12.02.130), which reads as follows: <br /> Operation of a vessel while under the influence of intoxicating liquor or any drug—Penalty. <br /> A. It is unlawful for any person to operate a vessel while under the influence of intoxicating <br /> liquor or any drug. A person is considered to be under the influence of intoxicating liquor or any <br /> drug 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 subsection may upon request be given a breath <br /> test for breath alcohol or may request to have a blood sample taken for blood alcohol analysis. <br /> An 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 by a <br /> fine 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 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 /> Page 2 <br />