Chapter 10.56
INTOXICATION TEST1
Sections:
10.56.010 Administration.
10.56.020 Persons incapable of refusal.
10.56.030 Refusal – Penalty.
10.56.040 Driving under influence of liquor or drugs prohibited.
10.56.050 Intoxication criteria.
10.56.060 Chemical analysis.
10.56.070 Administration of blood test.
10.56.080 Additional test.
10.56.090 Information to be available to tested person’s attorney.
10.56.100 Violations designated – Penalty.
10.56.010 Administration.
Any person who operates a motor vehicle upon the public highways of the city shall be deemed to have given consent, subject to the provisions of SMC 10.56.040 through 10.56.090, 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 influence of intoxicating liquor. The test or tests shall be administered at 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 public highways of this city 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 in SMC 10.56.040 through 10.56.090. 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. (Ord. 299 § 1(a), 1969).
10.56.020 Persons incapable of refusal.
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dead, unconscious, or who is otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by this chapter, and the test or tests may be administered, subject to the provisions of SMC 10.56.040 through 10.56.090. (Ord. 299 § 1(b), 1969).
10.56.030 Refusal – Penalty.
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; but the law enforcement officer shall forward to the Department of Motor Vehicles a sworn report that he had reasonable grounds to believe that the arrested person had been driving or was in actual physical control of a motor vehicle upon the public highways of the city while under the influence of intoxicating liquor, and that the person has refused to submit to the test upon the request of the law enforcement officer after being informed that such refusal would result in the revocation or denial of his privilege to drive. (Ord. 299 § 1(c), 1969).
10.56.040 Driving under influence of liquor or drugs prohibited.
It is unlawful for any person who is under the influence of or affected by the use of intoxicating liquor or of any narcotic drug to drive or be in actual physical control of a vehicle within the city. (Ord. 299 § 2(a), 1969).
10.56.050 Intoxication criteria.
Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of intoxicating liquor, the amount of alcohol in the person’s blood at the time alleged as shown by chemical analysis of his blood, breath or other bodily substance shall give rise to the following presumptions:
(1) If there was at that time 0.05 percent or less by weight of alcohol in the person’s blood, it shall be presumed that he was not under the influence of intoxicating liquor;
(2) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person’s blood, such fact shall not give rise to any presumption that the person was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor;
(3) If there was at that time 0.10 percent or more by weight of alcohol in the person’s blood, it shall be presumed that he was under the influence of intoxicating liquor;
(4) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per 100 cubic centimeters of blood;
(5) The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor. (Ord. 299 § 2(b), 1969).
10.56.060 Chemical analysis.
Chemical analysis of the person’s blood or breath to be considered valid under the provisions of SMC 10.56.040 through 10.56.090 shall have been performed according to methods approved by the Washington State Toxicologist and by an individual possessing a valid permit issued by the Washington State Toxicologist for this purpose. (Ord. 299 § 2(c), 1969).
10.56.070 Administration of blood test.
When a blood test is administered under the provisions of SMC 10.56.010 through 10.56.030, the withdrawal of blood for the purpose of determining its alcoholic content may be performed only by a physician, a registered nurse, or a qualified technician. This limitation shall not apply to the taking of breath specimens. (Ord. 299 § 2(d), 1969).
10.56.080 Additional test.
The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer. (Ord. 299 § 2(e), 1969).
10.56.090 Information to be available to tested person’s attorney.
Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his attorney. (Ord. 299 § 2(f), 1969).
10.56.100 Violations designated – Penalty.
Any person who is convicted of:
(1) Operating a motor vehicle while under the influence of or affected by the use of intoxicating liquor, or of any narcotic drug; or
(2) Being in actual physical control of a motor vehicle while under the influence of or affected by the use of intoxicating liquor or of any narcotic drug; unless otherwise expressly provided by any supervening statute of the state of Washington, shall be punished according to the provisions set forth in SMC 1.12.010. (Ord. 347 § 1, 1971; Ord. 299 § 4, 1969).
See also Ch. 10.54, Driving under the Influence.