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1 (2) He is under the influence of or affected by intoxicating <br /> liquor or any drug; or <br /> 2 <br /> (3) He is under the combined influence of or affected by <br /> 3 intoxicating liquor and any drug. <br /> 4 The fact that any person charged with a violation of this section is <br /> or has been entitled to use such drug under the laws of this City or State <br /> 5 shall not constitute a defense against any charge of violating this section. <br /> 6 <br /> Section 2: <br /> 7 <br /> A person is guilty of being in actual physical control of a motor <br /> 8 vehicle while under the influence of intoxicating liquor or any drug if he <br /> has actual physical control of a vehicle within this City while: <br /> 9 <br /> (1) He has a 0.10 percent or more by weight of alcohol in his <br /> 10 blood as shown by chemical analysis of his breath, blood, or other bodily <br /> substance made under RCW 46.61.506, as now or hereafter amended; or <br /> 11 <br /> (2) He is under the influence of or affected by intoxicating <br /> 12 liquor or any drug; or <br /> 13 (3) He is under the combined influence of or affected by <br /> intoxicating liquor and any drug. <br /> 14 <br /> The fact that any person charged with a violation of this section is <br /> 15 or has been entitled to use such drug under the laws of this City or State <br /> shall not constitute a defense against any charge of violating this section. <br /> 16 No person may be convicted under this section if, prior to being pursued <br /> by a law enforcement officer, he has moved the vehicle safely off the <br /> • <br /> 17 roadway. <br /> 18 <br /> Section 3: <br /> 19 <br /> (1) Any person who operates a motor vehicle upon the public <br /> 20 highways of this City or State shall be deemed to have given consent, <br /> subject to the provisions of RCW 46.61.506, to a chemical test or tests of <br /> 21 his breath or blood for the purpose of determining the alcoholic content of <br /> his blood if arrested for any offense where, at the time of the arrest, the <br /> 22 arresting officer has reasonable grounds to believe the person had been <br /> driving or was in actual physical control of a motor vehicle while under <br /> 23 the influence of intoxicating liquor. The test or tests shall be <br /> administered at the direction of a law enforcement officer having <br /> 24 reasonable grounds to believe the person to have been driving or in actual <br /> physical control of a motor vehicle upon the public highways of this City <br /> 25 while under the influence of intoxicating liquor. Such officer shall inform <br /> the person of his right to refuse the test, and of his right to have <br /> 26 additional tests administered by any qualified person of his choosing as <br /> provided in RCW 46.61.506. The officer shall warn the driver that his <br /> 27 privilege to drive will be revoked or denied if he refuses to submit to the <br /> test. Unless the person to be tested is unconscious, the chemical test <br /> 28 administered shall be of his breath only: Provided, That if an individual is <br /> under arrest for the crime of negligent homicide by motor vehicle as <br /> 29 provided in RCW 46.61.520, or if an individual is under arrest for the <br /> crime of driving while under the influence of intoxicating liquor or drugs <br /> 30 as provided in section 1 of this ordinance, which arrest results from an <br /> accident in which another person has been injured and there is a <br /> 31 <br /> 32 -2- <br />