Ordinance 21-69 - Laserfiche WebLink

ORDINANCE 21-69 AN ORDINANCE amending Ordinance No. 4134, Section 1, Everett City Code Title 8.24.410 dealing with traffic defining the offense of driving while under the influence of or effected by intoxicating liquor or drugs, providing for tests, presumptions, and fixing penalties. NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: That Title 8.24.410, Everett City Code, Ordinance No. 4134, Section 1, is hereby amended to read as follows: 8.24.410 Operating Under the Influence of Intoxicants or Drugs - Chemical Analysis, Tests, Presumptions, Penalties. It is unlawful for any person who is under the influence of or affected by the use of intoxicating liquor or any narcotics drug to drive or be in actual physical control of any vehicle upon the public streets or alleys of this city or over, along or upon private or public property in this city. Any person who operates a motor vehicle upon the streets or alleys of this city or upon private property shall be deemed to have given consent, subject to the provisions of this section, to a chemical test or tests of his breath or blood for the purpose of determining the alcoholic content of his blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the in- fluence of intoxicating liquor. The tests or test shall be admin- istered under the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle upon the streets or alleys of the city or upon private or public property while under the influence of intoxicating liquor. Such officer shall inform the person of his right to refuse the test, and of his right to have additional tests administered by any qualified person of his choosing as provided elsewhere in this section. The officer shall warn the driver that his privilege to drive will be revoked or denied if he refuses to submit to the test. Unless the person to be tested is unconscious, the chemical test administered shall be of his breath only. Any person who is dead, unconscious or who is otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by this section, and the test or tests may be administered, subject to the provisions hereof. If, following his arrest, the person arrested refuses upon the request of a law enforcement officer to submit to a chemical test of his breath, after being informed that his refusal will result in the revocation or denial of his privilege to drive, no test shall be given. The law enforcement officer shall forward to the Department of Motor Vehicles a sworn report that he had