WPI 21.09 Burden of Proof on the Issues—Intoxication Defense
6 WAPRAC WPI 21.09Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 21.09 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part III. Issues—Burden of Proof
Chapter 21. Burden of Proof
WPI 21.09 Burden of Proof on the Issues—Intoxication Defense
To establish the defense that the [person injured] [person killed] was under the influence, the defendant has the burden of proving each of the following propositions:
First, that the [person injured] [person killed] was under the influence of [alcohol] [or] [,] [marijuana] [any drug] at the time of the occurrence causing the [injury] [death];
Second, that this condition was a proximate cause of the [injury] [death]; and
Third, that the [person injured] [person killed] was more than fifty percent at fault.
If you find from your consideration of all the evidence that each of these propositions has been proved, then this defense has been established [unless you find that this defense does not apply].
[This defense does not apply in an action against the driver of a motor vehicle if you find that each of the following propositions has been proved:
First, that the defendant driver was under the influence of [alcohol] [or] [any drug] at the time of the occurrence causing the [injury] [death];
Second, that such condition of the defendant driver was a proximate cause of the [injury] [death];
Third, that the [plaintiff] [person injured] [person killed] was also under the influence of [alcohol] [,] [marijuana] [or] [any drug]; and
Fourth, that such condition of the [plaintiff] [person injured] [person killed] was not a proximate cause of the occurrence causing the [injury] [death].]
NOTE ON USE
Use this instruction only if evidence has been submitted to the jury of intoxication on the part of the person injured or killed. With this instruction, use WPI 16.03 (Intoxication of Person Injured or Killed—Defense), WPI 16.04 (Under the Influence of Alcohol or Any Drug—Definition), and one of the proximate cause instructions from WPI Chapter 15.
Use the bracketed paragraph beginning “This defense does not apply …” only if there is an issue of intoxication on the part of both a defendant driver of a motor vehicle and the person injured or killed. Juror comprehension may be aided by using a more fact-specific term than “occurrence” in this paragraph.
Use bracketed “marijuana” if the court determines that it should be used rather than or in addition to “any drug.”
Use other bracketed material as applicable.
Jurors may find it helpful if the instruction uses a person's name rather than “person injured” or “person killed.”
COMMENT
RCW 5.40.060. For additional discussion of RCW 5.40.060, see the Comment to WPI 16.03 (Intoxication of Person Injured or Killed—Defense).
[Current as of September 2018.]
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