WPI 16.05 Under the Influence of Alcohol and/Or Marijuana—Analysis of Bodily Substance—Intoxica...

This instruction applies only to cases involving the intoxication defense statute, RCW 5.40.060. For any case in which more than one person was allegedly under the influence of alcohol, the instruction must be modified to indicate that the instruction applies only to the person killed or injured.

Use with WPI 16.03 (Intoxication of Person Injured or Killed—Defense). See also the Notes on Use to WPI 16.04 (Under the Influence of Alcohol or Any Drug—Definition) and 16.04.01 (Under the Influence of Alcohol or Any Drug—Driving a Motor Vehicle).

Use the first bracketed paragraph if proof of intoxication is by analysis of breath. Use the second bracketed paragraph if proof of intoxication is by analysis of blood. Use the third bracketed paragraph if the alcohol concentration of breath or blood was below 0.08.

Use the bracketed language regarding THC if there is evidence based on analysis of the blood of the person injured or killed that the person was under the influence of marijuana and the trial court determines that the jury should be instructed regarding marijuana rather than or in addition to “any drug.” See Comment to WPI 16.03 (Intoxication of Person Injured or Killed—Defense.)

This instruction will need to be modified for cases involving a factual issue as to whether the person became intoxicated within the two-hour period following the occurrence causing the injury or death.

For actions involving events occurring before January 1, 1999, use an alcohol concentration of 0.10 instead of 0.08.

RCW 5.40.060.

The statute provides it is conclusive proof that a person is under the influence of intoxicating liquor if the standard of RCW 46.61.502 (Driving While Under the Influence) is met.

The third paragraph of this instruction is based on RCW 46.61.506(1) which applies in any civil action or proceeding arising out of acts alleged to have been committed while driving under the influence of intoxicating liquor or any drug. Pursuant to RCW 46.61.506(1), a chemical analysis that shows a blood alcohol level of less than 0.08 is evidence that may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor.

The language regarding THC is based on the 2016 amendments to RCW 46.61.502(1)(b) that provide that it is conclusive proof that a person is under the influence of marijuana if the standards in the statute are met, and RCW 46.61.502(4)(b), that if any THC is detected in the person's blood it may be used as evidence that the person was under the influence of marijuana.