HomeMy WebLinkAboutOrd 0545 - Consent to Intoxication Tests (Repealed by Ord 1171) s
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CITY OF TUKW
WASHINGTON
ORDINANCE NO. 545 Cc REPULED By 0/
AN ORDINANCE relating to Drivers Implied
Consent to Intoxication Tests amending
Ordinance No. 495 and adopting RCW 46.61.
506.
BE IT ORDAINED BY THE CITY OF TUKWILA as follows:
SECTION 1. Any person who operates a motor vehicle upon the
public.highways of this state shall be deemed to have given
consent, subject to the provisions of RCW 46.61.506, to a chemical
test or tests of his breath or blood for the purpose of determin-
ing the alcoholic content of his blood if arrested for any offense
where, at the time of the arrest, the arresting officer has reason-
able grounds to believe the person had been driving or was in
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 enforcement 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 state while under the influence 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 RCW 46.61.506.
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 adminis-
tered shall be of his breath only.
SECTION 2. Any person who is dead, unconscious or who is otherwise
in a condition rendering him incapable of refusal, shall be deemed
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not to have withdrawn the consent provided by Section 1 of this
Ordinance and the test or tests may be administered, subject to
the provisions of RCW 46.61.506.
SECTION 3. If, following his arrest, the person arrested refuses
upon the request of a law enforcement officer to submit to a
chemical test of his breath, after being informed that his refusal
will result in the revocation or denial of his privilege to drive,
no test shall be given. The law enforcement officer shall forward
to the Department of Motor Vehicles a sworn report that he had
reasonable grounds to believe that the arrested person had been
driving or was in actual physical control of a motor vehicle upon
the public highways of the state while under the influence of
intoxicating liquor and that the person has refused to submit to
the test upon the request of the law enforcement officer after
being informed that such refusal would result in the revocation
or denial of his privilege to drive.
SECTION 4. RCW 46.61.505, heretofore adopted by reference in
Ordinance No. 495 is hereby repealed.
SECTION 5. The following statute is hereby adopted by reference:
RCW 46.61.506.
SECTION 6. If any part or parts of this Ordinance are for any
reason held to be invalid, such decision shall not affect the
validity of the remaining portions of this Ordinance.
SECTION 7. This Ordinance shall take effect from and after the
nL day of r 1969.
PASSED by the City Council this /7t/ day ofladg_444
1969.
Approved and signed by me this 71/day of Z101464 1969.
Mayor
Tukwila City Cler) N.
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