WPIC 92.01 Driving or Being in Physical Control While Under the Influence—Definition
11A WAPRAC WPIC 92.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 92.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XI. Crimes Involving Operation of Motor Vehicles
WPIC CHAPTER 92. Driving Under the Influence
WPIC 92.01 Driving or Being in Physical Control While Under the Influence—Definition
A person commits the crime of [driving] [or] [being in actual physical control while] under the influence when he or she [drives] [or] [has actual physical control of] a motor vehicle [while he or she is under the influence of or affected by [intoxicating liquor] [or] [marijuana] [or] [any drug]] [or] [while he or she is under the combined influence of or affected by intoxicating liquor, marijuana and any drug] [or] [while he or she has sufficient alcohol in [his] [her] body to have an alcohol concentration of 0.08 or higher] [while he or she has sufficient marijuana in [his] [her] body to have a THC concentration of 5.00 or higher] within two hours after [driving] [or] [being in actual physical control] as shown by an accurate and reliable test of the person's [breath] [blood]].
NOTE ON USE
Use this instruction if it will help the jury understand the charged offense or if it is necessary to define this particular offense for the jury. See the Comment to WPIC 4.24 (Definition of the Crime—Form).
Use bracketed material as applicable. For directions on using bracketed phrases, see WPIC 4.20 (Introduction). Use the first paragraph's last phrase if any breath or blood test has been admitted.
Use WPIC 92.10 (Under the Influence of or Affected by Intoxicating Liquor or Marijuana or Drugs—Definition) with this instruction. Use WPIC 92.16 (Evaluation of Breath or Blood Test Results) when there is a challenge to the accuracy and reliability of the defendant's blood or breath test. Use WPIC 98.03 (Traffic Cases—Drug—Definition) if it is necessary to define the term “drug.”
COMMENT
RCW 46.61.502; RCW 46.61.504; RCW 46.61.506. These statutes are frequently amended. This instruction was last modified in 2014 to reflect changes in the law. Laws of 2013, Chapter 3, sections 33, 35, and 37 (Initiative 502 (effective December 6, 2012)) made changes to RCW 46.61.502, RCW 46.61.504, and RCW 46.61.506 concerning marijuana use. As amended, RCW 46.61.502 and RCW 46.61.504 now include per se alternative means for driving or being in physical control of a motor vehicle while under the influence for a person who has a THC concentration of 5.00 nanograms per milliliter, or higher, of whole blood. RCW 46.61.502(1)(b); RCW 46.61.506(2)(b).
As to potential penalties, RCW 46.61.502 was amended in 2016 increasing the classification of the offense for a juvenile, and again in 2017 reducing the number of prior offenses to establish felony DUI (Laws of 2016, Chapter 87, § 1 (effective June 9, 2016) and Laws of 2017, Chapter 335, § 1 (effective July 23, 2017)). See the Comment to WPIC 92.25 (Operating or Being in Physical Control of a Motor Vehicle After Consuming Alcohol or Marijuana—Under the Age of Twenty-One—Elements).
The WPI Committee recommends that any instruction advising that “the use of marijuana or drugs does not constitute a defense” to the charge should be included as an optional paragraph within WPIC 92.10 (Under the Influence of or Affected by Intoxicating Liquor or Marijuana or Drugs—Definition).
See the Comment to WPIC 92.02 (Driving or Being in Physical Control While Under the Influence—Elements).
[Current as of February 2020.]
Westlaw. © 2024 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
| End of Document |