Chapter 4.20
ALCOHOL-RELATED OFFENSES

Sections:

4.20.010    Driving while under the influence.

4.20.020    Actual physical control.

4.20.030    Liquor violations.

4.20.040    Delivery of alcohol to person under 21 years of age.

4.20.050    Minor under the influence.

4.20.060    Minor in possession of alcohol.

4.20.070    Drunk and disorderly.

4.20.010 Driving while under the influence.

A person is guilty of driving while under the influence of intoxicating liquor or any drug if he or she drives a vehicle while:

A. He or she is under the influence of or affected by intoxicating liquor or any drug; or

B. He or she has 0.08 grams or more of alcohol per 210 liters of breath, as shown by analysis of his or her breath, blood, or other body substance; or

C. He or she is under the combined influence of or affected by any intoxicating liquor and any drug.

Violation of this section is a Class C offense.

The fact that any person charged with a violation of this section is lawfully using such drug shall not constitute a defense against any charge of violating this section. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1999-3; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.4.010.]

4.20.020 Actual physical control.

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 or she has actual physical control of a vehicle while:

A. He or she is under the influence of or affected by intoxicating liquor or any drug; or

B. He or she has 0.08 grams or more of alcohol per 210 liters of breath, as shown by analysis of his or her breath, blood, or other bodily substance; or

C. He or she is under the combined influence of or affected by any intoxicating liquor and any drug.

Violation of this section is a Class D offense.

The fact that any person charged with a violation of this section is lawfully using such drug shall not constitute a defense against any charge of violating this section. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1999-3; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.4.020.]

4.20.030 Liquor violations.

Any person who possesses, trades, transports, or manufactures any alcoholic beverage for sale within the territorial jurisdiction of the Confederated Tribes of the Chehalis Reservation without authorization from the Tribe shall be guilty of a Class B offense. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.4.030.]

4.20.040 Delivery of alcohol to person under 21 years of age.

Any person who gives, sells, or trades any alcoholic beverage to a person under the age of 21 shall be guilty of a Class C offense. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.4.040.]

4.20.050 Minor under the influence.

Any person under the age of 21 years found to be under the influence of any intoxicating beverage or any drug, the effect of which is to impair, except any individual utilizing a valid prescription in accordance with the physician’s instruction, shall be guilty of a Class D offense. [Res. 2011-020; Res. 2009-53; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.4.050.]

4.20.060 Minor in possession of alcohol.

Any person under the age of 21 years who possesses, purchases, consumes, obtains or sells any alcoholic beverage shall be guilty of a Class D offense. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.4.060.]

4.20.070 Drunk and disorderly.

Any person under the influence of alcohol who acts in a manner causing a public nuisance shall be guilty of a Class D offense. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.4.070.]