Chapter 10.06
DRIVING WHILE INTOXICATED
Sections:
10.06.010 Driving while under influence of intoxicating liquor or drug.
10.06.020 Being in physical control of vehicle while under influence of intoxicating liquor or drug.
10.06.030 Violations – Penalties.
10.06.010 Driving while under influence of intoxicating liquor or drug.
A person is guilty of driving while under the influence of intoxicating liquor or any drug if he drives a vehicle within the city while:
A. He has 0.10 percent or more by weight of alcohol in his blood as shown by chemical analysis of his breath, blood, or other bodily substance made under RCW 46.61.506, as now or hereafter amended; or
B. He is under the influence of or affected by intoxicating liquor or any drug; or
C. He is under the combined influence of or affected by intoxicating liquor and any drug.
The fact that any person charged with a violation of this chapter is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this chapter. [Ord. 526 § A, 1981].
10.06.020 Being in physical control of vehicle while under influence of intoxicating liquor or drug.
A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if he has actual physical control of a vehicle within the city while:
A. He has 0.10 percent or more by weight of alcohol in his blood as shown by chemical analysis of his breath, blood, or other bodily substances made under RCW 46.61.506, as now or hereafter amended; or
B. He is under the influence of or affected by intoxicating liquor or any drug; or
C. He is under the combined influence of or affected by intoxicating liquor and any drug.
The fact that any person charged with a violation of this chapter is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this chapter. No person may be convicted of being in actual physical control of a motor vehicle under this section if, prior to being pursued by a law enforcement officer, he has moved the vehicle safely off the roadway. [Ord. 526 § B, 1981].
10.06.030 Violations – Penalties.
The city, pursuant to Chapter 10.04 CRMC, has adopted the Washington Model Traffic Ordinance. This chapter is intended to supplement Chapter 10.04 CRMC. Persons convicted of violating the provisions of this chapter shall be punished in accordance with the provisions of RCW 46.61.515 adopted by the city in its adoption of the Washington Model Traffic Ordinance as follows:
A. Every person who is convicted of driving a motor vehicle while under the influence of intoxicating liquor or drugs or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug shall be punished by imprisonment for not less than one day nor more than one year, and by a fine of not more than $500.00. The person shall, in addition, be required to complete a course at an alcohol information school approved by the Department of Social and Health Services. One day of the jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant’s physical or mental well-being.
B. On a second or subsequent conviction under this chapter for either driving under the influence of intoxicating liquor or drugs or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug within a five-year period shall be punished by imprisonment for not less than seven days nor more than one year and by a fine not more than $1,000. The jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant’s physical or mental well-being. Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. If such person at the time of a second or subsequent conviction is without a license or permit because of a previous suspension or revocation, the minimum mandatory sentence shall be 90 days in jail and a $200.00 fine. The penalty so imposed shall not be suspended or deferred.
In addition to any nonsuspendable and nondeferrable jail sentence required by this subsection, the court shall sentence a person to a term of imprisonment not exceeding 180 days and shall suspend but shall not defer the sentence for a period not exceeding two years. The suspension of the sentence may be conditioned upon nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of suspension during the suspension period.
C. The court shall recommend that the person convicted under the provisions of this chapter shall have his license suspended in accordance with the provisions of RCW 46.61.515(5). [Ord. 526 § C, 1981].
10.06.040 Other penalty.
If the penalty provisions of this chapter are, upon a review of same by an appellate court, determined to be unconstitutional, it is the intent of the city council of the city that the remaining portions of this chapter shall remain in full force and effect and that the person so convicted under CRMC 10.06.010 and 10.06.020 be punished for a gross misdemeanor by a fine of not more than $500.00, or by imprisonment not to exceed 90 days in jail, or both. [Ord. 526 § D, 1981].