RCW 79A.60.040 Operation of vessel in a reckless manner -- Operation of a vessel under the influence of intoxicating liquor -- Penalty.

(1) It shall be unlawful for any person to operate a vessel in a reckless manner.

(2) It shall be a violation for a person to operate a vessel while under the influence of intoxicating liquor or any drug. A person is considered to be under the influence of intoxicating liquor or any drug if:

• (a) The person has 0.08 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
• (b) The person has 0.08 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
• (c) The person is under the influence of or affected by intoxicating liquor or any drug; or
• (d) The person 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 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 subsection 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.

(3) A violation of this section is a misdemeanor, punishable as provided under RCW 9.92.030. In addition, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense.

[1998 c 213 / 7; 1993 c 244 / 8. Prior: 1990 c 231 / 3; 1990 c 31 / 1; 1987 c 373 / 6; 1986 c 153 / 6; 1985 c 267 / 2. Formerly RCW 88.12.025, 88.12.100, and 88.02.095.]

NOTES:

Effective date -- 1998 c 213: See note following RCW 46.20.308.

Intent -- 1993 c 244: See note following RCW 79A.60.010.

Effective date -- Severability -- 1990 c 231: See notes following RCW 79A.60.170.

Legislative finding, purpose -- Severability -- 1987 c 373: See notes following RCW 46.61.502.