Intoxication.
Seattle Mun. Code § 16.20.110
in effect16.20.110 - Intoxication.
A. 1.
It shall be unlawful for any person to operate or be in actual physical control of any vessel or watercraft:
a. And the person has, within two (2) hours after operating or being in actual physical control, an alcohol concentration of 0.08 or higher, as shown by analysis of the person's breath or blood made under RCW 46.61.506
b. And the person has, within two (2) hours after operating or being in actual physical control, a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506;
c. While the person is under the influence of or affected by intoxicating liquor, marijuana or any drug; or
d. While the person is under the combined influence of or affected by intoxicating liquor, marijuana and any drug.
2. The fact that a person charged with a violation of this subsection is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this subsection.
3. a.
Analysis of blood or breath samples obtained more than two (2) hours after the alleged operating or being in actual physical control may be used as evidence that within two (2) hours after the alleged operating or being in actual physical control a person had an alcohol concentration of 0.08 or higher in violation of subsection A1a of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsections A1c or A1d of this section.
b. Analyses of blood samples obtained more than two (2) hours after the alleged operating or being in actual physical control may be used as evidence that within two (2) hours of the alleged operating or being in actual physical control a person had a THC concentration of 5.00 or higher in violation of subsection A1b of this section, and in any case in which the analysis shows a THC concentration above 0.00 may be used as evidence that a person was under the influence of or affected by marijuana in violation of subsection A1c or A1d of this section.
4. "Alcohol concentration" has the same meaning as in Section 11.14.023
5. "Drug" has the same meaning as in Section 11.14.183
6. "THC concentration" has the same meaning as in Section 11.14.637.
7. Notwithstanding Section 16.64.040, violation of this subsection is a gross misdemeanor. In addition to the statutory penalties imposed, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense.
B. It shall be unlawful for the owner of any vessel or watercraft or any person having such in charge or in control to authorize or knowingly permit the same to be operated by any person who is under the influence of intoxicating liquor, marijuana or any drug.
C. Whenever it appears reasonably certain to any police or harbor officer that any person under the influence of, or affected by the use of, intoxicating liquor, marijuana or of any drug is about to operate a watercraft or vessel in violation of subsection A of this section, the officer may take reasonable measures to prevent any such person from so doing, either by taking from him the keys of such watercraft or vessel and locking the same, or by some other appropriate means. In any such case, the officer shall immediately report the facts to his Commanding Officer of the Harbor Department, and shall, as soon as possible, deposit the keys or other articles, if any, taken from the watercraft or vessel or person with the Commanding Officer. Such keys or other articles may be returned to any person upon his demand and proper identification of himself when it appears that he is no longer under the influence of intoxicating liquor, marijuana or any drug.
(Ord. 124301, § 43, 2013; Ord. 119189 § 9, 1998: Ord. 90653, § 3, 1961; Ord. 87983, § 13, 1959.)
Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT16HACO_CH16.20OPREVEWA_16.20.110INFetched: 11/1/2026