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Ordinance 682-80
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Ordinance 682-80
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9/21/2018 9:44:29 AM
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Ordinances
Ordinance Number
682-80
Date
4/9/1980
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• <br /> • . • <br /> 1 If the driver at the time of the offense charged was without a <br /> driver's license because of a previous suspension or revocation, the <br /> 2 minimum mandatory jail sentence and fine shall be ninety days in the <br /> county jail and a two hundred dollar fine. The penalty so imposed shall <br /> 3 not be suspended. <br /> 4 <br /> Section 5: <br /> 5 <br /> (1) Upon the trial of any civil or criminal action or proceeding <br /> 6 arising out of acts alleged to have been committed by any person while <br /> driving or in actual physical control of a vehicle while under the influence <br /> 7 of intoxicating liquor or any drug, if the amount of alcohol in the person's <br /> blood at the time alleged as shown by chemical analysis of his blood, <br /> 8 breath, or other bodily substance is less than 0.10 percent by weight of <br /> alcohol in the person's blood, it is evidence that may be considered with <br /> 9 other competent evidence in determining whether the person was under <br /> the influence of intoxicating liquor or any drug. <br /> 10 <br /> (2) Percent by weight of alcohol in the blood shall be based upon <br /> 11 milligrams of alcohol per one hundred cubic centimeters of blood. The <br /> foregoing provisions of this section shall not be construed as limiting the <br /> 12 introduction of any other competent evidence bearing upon the question <br /> whether the person was under the influence of intoxicating liquor or any <br /> 13 drug. <br /> 14 (3) Chemical analysis of the person's blood or breath to be <br /> considered valid under the provisions of this section or section 1 or 2 of <br /> 15 this ordinance shall have been performed according to methods approved <br /> by the state toxicologist and by an individual possessing a valid permit <br /> 16 issued by the state toxicologist for this purpose. The state toxicologist is <br /> directed to approve satisfactory techniques or methods, to supervise the <br /> 17 examination of individuals to ascertain their qualifications and <br /> competence to conduct such analyses, and to issue permits which shall be <br /> 18 subject to termination or revocation at the discretion of the state <br /> toxicologist. <br /> 19 <br /> (4) When a blood test is administered under the provisions of <br /> 20 RCW 46.20.308, the withdrawls of blood for the purpose of determining its <br /> alcoholic content may be performed only by a physician, a registered <br /> 21 nurse, or a qualified technician. This limitation shall not apply to the <br /> taking of breath specimens. <br /> 22 <br /> (5) The person tested may have a physician, or a qualified <br /> 23 technician, chemist, registered nurse, or other qualified person of his own <br /> choosing administer a chemical test or tests in addition to any <br /> 24 administered at the direction of a law enforcement officer. The failure or <br /> inability to obtain an additional test by a person shall not preclude the <br /> 25 admission of evidence relating to the test or tests taken at the direction <br /> of a law enforcement officer. <br /> 26 <br /> (6) Upon the request of the person who shall submit to a <br /> 27 chemical test or tests at the request of a law enforcement officer, full <br /> information concerning the test or tests shall be made available to him or <br /> 28 his attorney. <br /> 29 <br /> Section 6: <br /> 30 <br /> (1) Every person who is convicted of a violation of section 1 or <br /> 31 2 of this ordinance shall be punished by imprisonment for not less than one <br /> 32 -5- <br />
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