A person is guilty of driving while under the influence of intoxicating liquor or any drug or glue if that person drives a vehicle within the jurisdiction of the Port Gamble S’Klallam Tribe while:
(a)
Having 0.08 grams or more of alcohol per two hundred ten (210) liters of breath as shown by analysis of the person’s breath;
(b)
Having 0.08 percent of more weight of alcohol in the person’s blood as shown by analysis of the person’s blood;
(c)
Having a THC concentration of 5.00 nanograms per milliliter of a person’s whole blood or more; or
(d)
Under the influence of or affected by intoxicating liquor or any drug or glue or other mind-altering substance.
The fact that any person charged with a violation of this section is or has been entitled to the use of such drug under the laws of the Tribe or of any other Tribe or state shall not constitute a defense against any charge of violating this section. |
Driving while under the influence is a Misdemeanor 1. If a person has 2 previous convictions in the Tribal Court under this section within ten (10) years of each other, the third charge shall be a Felony 1. |
(Res. 17-A-064, 6/12/2017. After serious deliberation, the Port Gamble S’Klallam Tribe has determined that present day circumstances, including the Washington State’s legalization of marijuana, make a complete ban of marijuana within Tribal Lands ineffective and unrealistic, and the Tribe has decriminalized its possession in very limited circumstances. In order to incorporate this change into the criminal code, the previous chapter on drugs and alcohol was divided into two separate chapters—Liquor and Controlled Substances. This new Chapter on Driving a Motor Vehicle incorporates driving while under the influence of marijuana into the PGST criminal code and turns some offenses that were previously only civil offenses under Title 9 into criminal offenses under Title 5; amended by Res. 23-A-019, 1/24/2023, to remove gendered pronouns and to add unit of THC concentration.)