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.)
A person is guilty of reckless driving when that person operates any motor vehicle within the jurisdiction of the Port Gamble S’Klallam Tribe in a manner that endangers or is likely to endanger any person or property.
Reckless driving is a Misdemeanor 1.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section to include acts previously included in negligent driving and reckless driving. The mandatory pre-sentence evaluation was passed 6/14/1988; amended by Res. 05-A-054, 6/14/2005; Res. 17-A-064, 6/12/2017, amended this section number to fit into new Chapter 5.09 Driving a Motor Vehicle; amended by Res. 23-A-019, 1/24/2023, to remove gendered pronouns.)
A person is guilty of hit and run of an unattended car or other property when, as operator of any vehicle that collides with any other vehicle or other property that is unattended, that person fails to immediately stop and either locate and notify the owner or operator of the hit vehicle or other property or to leave written notice in a conspicuous place in or on the vehicle or other property. Notice shall consist of the name, address, and phone number of the person who was operating the vehicle that struck another vehicle or other property.
Hit and run of an unattended car other property is a Misdemeanor 1.
(Port Gamble S’Klallam Law and Order Code. Res. 17-A-064, 6/12/2017. This section previously existed only in Title 9 as a civil offense. This code amendment made this section a criminal offense under new Chapter 5.09 Driving a Motor Vehicle; amended by Res. 23-A-019, 1/24/2023, to remove gendered pronouns.)
A driver of any vehicle involved in an accident resulting in the injury or death of any person or damage to any attended vehicle is guilty of hit and run of an attended vehicle or other property if that driver fails to do any of the following:
(a) 
Immediately stop at the scene of the accident or as close to it as possible without obstructing traffic more than necessary, and to remain at the scene of the accident until that person has fulfilled the requirements of this section;
(b) 
Give their name, address, vehicle license number and driver’s license number to any occupant or driver involved in the accident;
(c) 
Render reasonable assistance to any person injured in such accident. Compliance with this requirement shall not be evidence of the liability of any driver for such accident; and
(d) 
Notify the Port Gamble S’Klallam Tribal Police as soon as possible following the accident.
Hit and run of an attended vehicle or other property is a Felony 2.
(Port Gamble S’Klallam Law and Order Code. Res. 17-A-064, 6/12/2017. This section previously existed only in Title 9 as a civil offense. This code amendment made this section a criminal offense under new Chapter 5.09 Driving a Motor Vehicle; amended by Res. 23-A-019, 1/24/2023, to remove gendered pronouns.)
(Operating a Motor Vehicle While Privilege is Suspended or Revoked. Port Gamble S’Klallam Law and Order Code. Res. 17-A-064, 6/12/2017. This section previously existed only in Title 9 as a civil offense. This code amendment made this section a criminal offense under new Chapter 5.09 Driving a Motor Vehicle.)
A person is guilty of eluding a law enforcement officer who, while driving any motor vehicle, fails or refuses to immediately bring their own vehicle to a stop after being given a visible or audible signal by a law enforcement officer.
Eluding a law enforcement officer is a Felony 2.
(Port Gamble S’Klallam Law and Order Code. Res. 17-A-064, 6/12/2017. This section previously existed only in Title 9 as a civil offense. This code amendment made this section a criminal offense under new Chapter 5.09 Driving a Motor Vehicle; driving without a license remains in Title 9 as a civil offense; amended by Res. 23-A-019, 1/24/2023, to remove gendered pronouns.)
A person is guilty of prohibited use of alcoholic beverages in a vehicle if that person:
(a) 
Drinks any alcoholic beverages in a motor vehicle when the vehicle is upon a roadway;
(b) 
Has an open or unsealed receptacle containing an alcoholic beverage in their possession while in a motor vehicle or while the vehicle is upon a roadway; or
(c) 
Is the driver of a motor vehicle that is on a roadway and in which an open or unsealed receptacle containing an alcoholic beverage is present, unless the receptacle is kept in the trunk or other area of the vehicle that is not normally accessible to the occupants.
Prohibited use of alcoholic beverages in a vehicle is a Misdemeanor 2.
(Port Gamble S’Klallam Law and Order Code. Res. 17-A-064, 6/12/2017. This section previously existed only in Title 9 as a civil offense. This code amendment made this section a criminal offense under new Chapter 5.09 Driving a Motor Vehicle; amended by Res. 23-A-019, 1/24/2023, to remove gendered pronouns.)