WPIC 90.06 Vehicular Homicide and Assault—Under the Influence of or Affected By—Definition
11A WAPRAC WPIC 90.06Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 90.06 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XI. Crimes Involving Operation of Motor Vehicles
WPIC CHAPTER 90. Vehicular Homicide
WPIC 90.06 Vehicular Homicide and Assault—Under the Influence of or Affected By—Definition
A person is under the influence or affected by the use of [intoxicating liquor] [or] [any drug] when
[he or she has sufficient alcohol in his or her body to have an alcohol concentration of 0.08 or higher within two hours after driving as shown by an accurate and reliable analysis of the person's [blood] [breath]] [or]
[he or she has sufficient marijuana in his or her body to have a THC concentration of 5.00 or higher within two hours of driving as shown by an accurate and reliable analysis of the person's blood] [or]
[the person's ability to drive a motor vehicle is lessened in any appreciable degree as a result of [intoxicating liquor] [or] [any drug] [or] [the combined effect of intoxicating liquor and any drug]].
[It is not unlawful for a person to consume [intoxicating liquor] [or] [drugs] and drive a motor vehicle. The law recognizes that a person may have consumed [intoxicating liquor] [or] [drugs] and yet not be under the influence of it.]
[The fact that a person is or has been entitled to use [such drug] under the laws of this state does not constitute a defense.]
NOTE ON USE
Use this instruction only for charges of vehicular homicide or vehicular assault charged under RCW 46.61.520 and RCW 46.61.522.
Use with WPIC 90.02 (Vehicular Homicide—Elements) or WPIC 91.02 (Vehicular Assault—Elements), as necessary. Use with WPIC 98.03 (Traffic Cases—Drug—Definition).
If using the first or second bracketed paragraph, also use WPIC 92.12 (Driving or Being in Physical Control while under the Influence—Alcohol or THC Concentration—Definition). The second bracketed paragraph (THC) is for use with occurrences after December 6, 2012. See Comment below.
COMMENT
RCW 46.61.502.
Initiative 502, Laws of 2013, Chapter 3, § 33 (effective December 6, 2012) changed the law concerning marijuana use effective December 6, 2012. Immediately thereafter, the Legislature modified RCW 69.50.101(jj) amending the definition of THC concentration to create a per se violation. Laws of 2013, Chapter 116, § 1 (Initiative 502 (effective December 6, 2012); Laws of 2013, Chapter 116, § 1 (effective May 1, 2013)). Because the word “marijuana” was not added to RCW 46.61.520 and RCW 46.61.522, cases involving marijuana will continue to have to define marijuana (THC) as the drug alleged using WPIC 98.03 (Traffic Cases—Drug—Definition). However, the definition of marijuana impairment was amended to include a per se prong in RCW 46.61.502 by Initiative 502.
For juror comprehension, this instruction modifies the legislative language to provide “5.00 or higher” instead of “5.00 or more.” No substantive change is intended.
This instruction is a modification of WPIC 92.10 (Under the Influence of or Affected by Intoxicating Liquor or Drugs—Definition) and WPIC 92.01 (Driving or Being in Physical Control While Under the Influence—Definition). This instruction is drafted for use only with vehicular homicide and vehicular assault cases.
Vehicular homicide and vehicular assault involving driving under the influence are strict liability crimes. State v. Rivas, 126 Wn.2d 443, 896 P.2d 57 (1995).
[Current as of April 2020.]
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