Ord 93-200
ORDINANCE NO. 93-200
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING THE
FEDERAL WAY TRAFFIC CODE SECTIONS 15-31 AND
15-32 ADOPTING A TIME LIMITATION ON THE
ANALYSES OF BLOOD AND BREATH ALCOHOL (AMENDS
ORDINANCES 91-91 AND 92-131).
WHEREAS, the Federal Way city Council has enacted a Traffic
Code which deals with crimes of Driving While Under the Influence
and Actual Physical Control While Under the Influence; and
WHEREAS, the 1993 Legislature enacted certain amendments to
the above crimes, which amendments are beneficial for the city to
incorporate; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
section 1.
Federal Way Traffic Code 15-31 is hereby amended
as follows:
(a) A person is guilty of driving while under the influence of
intoxicating liquor or any drug if the person drives a vehicle
within the city~:
(1)
And the person has 0.08 grams or more of alcohol per 210
liters of breath within two hours after drivinq, as shown
by analysis of the person's breath, made under section
15-33; or
(2)
And the person has 0.08 percent or more by weight of
alcohol in the person's blood wi thin two hours after
drivinq, as shown by an analysis of the person's blood
made under section 15-33; or
ORD. # 93-200
, PAGE 1
COpy
(3)
While the person is under the influence of or affected by
intoxicating liquor or any drug; or
(4)
While the person is under the combined influence of or
affected by intoxicating liquor and any drug.
(b)
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.
l.!à
It is an affirmative defense to a violation of subsection
(a) (1) and (2) of this section which the defendant must Drove bv a
preponderance
of
the
evidence
that
the
defendant
consumed
sufficient quantity of alcohol after the time of drivina and before
the administration of an analysis of the person's breath or blood
to cause the defendant's alcohol concentration to be 0.08 or more
within two hours after drivina.
The court shall not admit evidence
of this defense unless the defendant notifies the prosecution prior
to the omnibus or pretrial hearinq in the case of the defendant's
intent to assert the affirmative defense.
lQl
Analvses of blood or breath samples obtained more than
two hours after the alleqed drivinq mav be used as evidence that
within two hours of the alleqed drivina, a person had 0.08 arams or
more of alcohol per two hundred ten liters of breath or 0.08
percent or more of alcohol in the Derson' s blood, pursuant to
subsection
(a) (1)
and
(2)
of this section,
and mav be used as
evidence that a person was under the influence of or affected by
ORD. # 93-200
, PAGE 2
intoxicatinq liquors or any druq pursuant to subsection (a) (3) and
(4) of this section.
Section 2. Federal Way Traffic Code 15-32 is hereby amended as
follows:
(a) 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 the person has actual physical control of a vehicle
within the city~:
(1)
And the person has 0.08 grams or more of alcohol per 210
liters of breath within two hours after beinq in actual
physical control of a motor vehicle, as shown by analysis
of the person's breath, made under section 15-33; or
(2)
And the person has 0.08 percent or more by weight of
alcohol in the person's blood wi thin two hours after
beinq in actual physical control of a motor vehicle, as
shown by an analysis of the person's blood made under
section 15-33; or
(3)
While the person is under the influence of or affected by
intoxicating liquor or any drug; or
While the person is under the combined influence of or
(4)
affected by intoxicating liquor and any drug.
(b)
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.
ORD. # 93-200
, PAGE 3
1.£l
It is an affirmative defense to a violation of subsection
(a) (1) and (2) of this section which the defendant must prove bv a
preponderance
of
the
evidence
that
the
defendant
consumed
sufficient quantity of alcohol after the time of beinq in actual
physical control of a motor vehicle and before the administration
of an analysis of the person's breath or blood to cause the
defendant's alcohol concentration to be 0.08 or more within two
hours after beinq in actual phvsica1 control of a motor vehicle.
The court shall not admit evidence of this defense unless the
defendant notifies the prosecution prior to the omnibus or pretrial
hearinq
in the case of the defendant's
intent to assert the
affirmative defense.
.liU..
Ana1vses of blood or breath samples obtained more than
two hour.s after the al1eqed actual physical control of a motor
vehicle may be used as evidence that within two hours of the
alleaed actual phvsica1 control of a motor vehicle, a person had
0.08 qrams or more of alcohol per two hundred ten liters of breath
or 0.08 percent or more of alcohol in the person's blood. pursuant
to subsection (a) (1) and (2) of this section, and mav be used as
evidence that a person was under the influence of or affected bv
intoxicatinq liquors or any druq pursuant to subsection (a) (3) and
(4) of this section.
section 3. Severabilitv.
If any section, sentence, clause or
phrase
of
this
ordinance
should
be
held
to
be
invalid
or
unconstitutional
by
a
court
of
competent
jurisdiction,
such
invalidity or unconstitutionality shall not affect the validity or
ORD. # 93-200
, PAGE 4
constitutionality of any other section, sentence, clause or phrase
of this ordinance.
section 4 .
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
section 5. Effective Date.
This emergency ordinance shall be
effective immediately upon passage.
PASSED by the City council of the city of Federal Way this
7th day of
December
, 1993.
:~ERAL WAY
?,~
MAYOR, ROBERT STEAD
EY, CMC
~
CITY ATTORNEY, CAROLYN LAKE
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: 12/11/93
EFFECTIVE DATE: 12/7/93
ORDINANCE NO. 93-200
12/1/93
12/7 /93
MARYKlORDIRETRO.EX
ORD. # 93-200
, PAGE 5