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a. A person is guilty of operating a watercraft while under the influence of intoxicating liquor or any drug if the person operates a watercraft while:

1. The person has 0.10 grams or more of alcohol per two hundred ten liters of breath, as shown by analysis of the person's breath made under RCW 46.61.506; or

2. The person has 0.10 percent or more by weight of alcohol in the person' s blood, as shown by analysis of the person's blood made under RCW 46.61.506; or

3. The person is under the influence of or affected by intoxicating liquor or any drug; or

4. The person is under the combined influence of or affected by intoxicating liquor or any drug.

b. The fact that any person charged with violation of this section 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 section. A person cited under this section may upon request be given a breath test for breath alcohol or may request to have a blood sample taken for blood alcohol analysis. An arresting officer shall administer field sobriety tests when circumstances permit.

c. A person convicted of violating this section shall be subject to a fine of not more than one thousand dollars and/or by imprisonment not to exceed ninety days. In addition, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense. (Ord. M-3104 §11, 1993)