15.04.040 Reasonable care required.
(1) A person shall not operate a vessel in a negligent manner. For the purposes of this section, to operate in a “negligent manner” means operating a vessel in disregard of careful and prudent operation, or in disregard of careful and prudent rates of speeds that are no greater than is reasonable and proper under the conditions existing at the point of operation, taking into account the amount and character of traffic, size of the lake or body of water, freedom from obstruction to view ahead, effects of vessel wake, and so as not to unduly or unreasonably endanger life, limb, property or other rights of any person entitled to the use of such waters. A violation of this section is an infraction under Chapter 7.84 RCW.
(2) It shall be unlawful for any person to operate a vessel in a reckless manner. A violation of this section is a misdemeanor punishable as provided under RCW 9.92.030.
(3) It shall be unlawful for any 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 0.10 grams or more of alcohol per 210 liters of breath, as shown by analysis of the person’s breath made under RCW 46.61.506; or
(b) The person has 0.10 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 and any drug.
The fact that any person charged with a violation of this section is or has been entitled to use such a 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.
A violation of this section is a misdemeanor, punishable as provided under RCW 9.92.030.