Ordinance 1408ORDINANCE NO. 1440
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON
PROVIDING THAT ANY PERSON OPERATING A MOTOR
VEHICLE ON THE PUBLIC HIGHWAYS SHALL BE DEEMED
TO HAVE CONSENTED TO A BREATH TEST ( IF UNCON-
SCIOUS A BLOOD TEST) TO DETERMINE INTOXICATION,
WHEN ARRESTED FOR ANY OFFENSE, PROVIDED THE
ARRESTING OFFICER HAS REASONABLE GROUNDS TO
BELIEVE SUCH OPERATOR WAS DRIVING OR IN CONTROL
OF A VEHICLE WHILE UNDER THE INFLUENCE OF INTOX-
ICATING LIQUOR; MAKING IT UNLAWFUL FOR ANY PERSON
TO OPERATE A VEHICLE'UNDER INFLUENCE OF INTOXI-
CATING LIQUOR OR ANY NARCOTIC DRUG; REDUCING THE
BLOOD ALCOHOL PERCENTAGE NECESSARY TO RAISE THE
PRESUMPTION OF INTOXICATION; AND PROVIDING
PENALTIES.
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGT.ON
DO ORDAIN AS FOLLOWS:
Section 1. Ti)ere are added the following two new
sections to the Edmonds City Code:
Section 8.32._090 Implied Consent
A. Any person who operates a motor vehicle
upon the public highways of this city shall be deemed
to have given consent subject to the provisions of
subsection B of this Section to a chemical test or
tests of his breath or blood for the purpose of de-
termining 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 the 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 enforce-
ment 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 infouence 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 Section 8.32.100 of
this Chapter. 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.
B. 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refusal, shall be deemed not to have withdrawn the con-
sent provided by subsection A of this Section and the
test or tests may be administered subject to the pro-
visions of Section 8.32.100 of this Chapter.
Section 8.32.100 Presumptions
A. 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 this city.
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B. 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.
or more )b If
eofaalcoholaintthe 0.10 percent
y g 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 one -
hundred 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 influ-
ence of intoxicating liquor.
C. Chemical analysis of the person's blood or
breath to be considered valid under the provisions of
this Section shall have been performed according to
methods approved by the state toxicologist and by an
individual possessing a valid permit issued by the
state toxicologist for this purpose.
D. When a blood test is administered under the
provisions of Section 8.32.090 of this Chapter, 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 technici;F,ri,
This limitation shall not apply to the taking of breath
specimens.
E. 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 administers:
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 o'
a law enforcement officer.
F. Upon the request of the person who shall subm.111
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.
Section 2.• Every person convicted of a violation of
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this Ordinance shall be punished by a fine of not more than
Five Hundred Dollars ($500) or by imprisonment for not more
than ninty (90) days or by both such fine and imprisonment,
as set forth in Edmonds City Code, 8.60.010, Ordinance No.
1169, Section 94.
Section 3. If any provision of this Ordinance or its
application to any person or circumstance is held invalid,
the remainder of this Ordinance, or the application of the
Provision to other persons or circumstances is not affected.
APPROVED:
A
ATTEST:
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CITY� C LERK� U '-
PASSED BY THE CITY COUNCIL: January 7, 1969
FILED WITH THE CITY CLERK: January 7, 1969
PUBLISHED: January 15, 1969
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