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

6 WAPRAC WPI 16.05Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 16.05 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Washington State Supreme Court Committee on Jury Instructions
Part II. Negligence—Risk—Misconduct—Proximate Cause
Chapter 16. Defenses
WPI 16.05 Under the Influence of Alcohol and/Or Marijuana—Analysis of Bodily Substance—Intoxication Defense Statute
[If you find that, within two hours after the occurrence causing [injury] [death], a person had 0.08 grams or more of alcohol per two hundred ten liters of breath, then the person was under the influence of alcohol.]
[If you find that, within two hours after the occurrence causing [injury] [death], the alcohol concentration in a person's blood was 0.08 or more, then the person was under the influence of alcohol.]
[If you find that, within two hours after the occurrence causing [injury] [death], a person had an alcohol concentration of less than 0.08 in [his] [her] blood or less than 0.08 grams of alcohol per two hundred ten liters of [his] [her] breath, then it is evidence that may be considered with other evidence in determining whether the person was under the influence of alcohol.]
[If you find that within two hours after the occurrence causing [injury] [death], a person had a THC concentration of 5.00 nanograms per milliliter of whole blood or higher as shown by analysis of the person's blood, then the person was under the influence of marijuana.]
[If you find that within two hours after the occurrence causing [injury] [death], a person had a THC concentration of less than 5.00 nanograms per milliliter of whole blood but above 0.00 as shown by analysis of the person's blood, then it is evidence that may be considered with other evidence in determining whether the person was under the influence of marijuana.]
NOTE ON USE
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.
COMMENT
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.
[Current as of September 2018.]
End of Document