WPIC 92.04 Operating or Being in Physical Control of a Motor Vehicle After Consuming Alcohol or...
11A WAPRAC WPIC 92.04Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 92.04 (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 92.04 Operating or Being in Physical Control of a Motor Vehicle After Consuming Alcohol or Marijuana—Under the Age of Twenty-One—Definition
A person under the age of twenty-one commits the crime of [operating] [being in physical control of] a motor vehicle after having consumed [alcohol] [marijuana] when he or she [operates] [is in physical control of] a motor vehicle, and at that time had sufficient [alcohol in his or her body to have an alcohol concentration of at least 0.02 [and less than 0.08]] [marijuana in his or her body to have a THC concentration above 0.00 [and less than 5.00]] within two hours after [operating] [being in physical control of] a motor vehicle 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 the bracketed phrase referring to 0.08 if there is a separate charge of DUI or physical control. For directions on using bracketed phrases, see WPIC 4.20 (Introduction).
Use WPIC 92.12 (Driving or Being in Physical Control While Under the Influence—Alcohol or THC Concentration—Definition) with this instruction. Use WPIC 92.16 (Evaluation of Blood or Breath Test Results) when there is a challenge to the accuracy and reliability of the defendant's breath or blood test.
See WPIC 92.14 (Driving or Being in Physical Control While Under the Influence—Defense—Drinking or Consuming After Driving or Physical Control) and WPIC 92.15 (Physical Control While Under the Influence—Defense—Safely Off the Roadway) regarding the potential affirmative defense of the vehicle being safely off the roadway, if either defense is raised to a charge of minor operating or being in physical control of a motor vehicle after consuming alcohol or marijuana.
COMMENT
RCW 46.61.503. This instruction was updated in 2014 to incorporate changes to the statute following the passage of Initiative 502. Laws of 2013, Chapter 3, section 34 (Initiative 502 (effective December 6, 2012)), changed the law concerning minors driving under the influence of marijuana, effective December 6, 2012. The amendment to RCW 46.61.503 created a per se alternative for persons under the age of 21 who drive or who are in actual physical control of a vehicle while they have any measurable quantity up to 5.00 nanograms per milliliter of whole blood of THC in their system. RCW 46.61.503.
See the Comment to WPIC 92.05 (Operating or Being in Physical Control of a Motor Vehicle After Consuming Alcohol or Marijuana—While Under the Age of Twenty-One—Elements).
As to the applicability of the defenses, see the Comments to WPIC 92.14 (Driving or Being in Physical Control While Under the Influence—Defense—Drinking or Consuming After Driving or Physical Control) and WPIC 92.15 (Physical Control While Under the Influence—Defense—Safely Off the Roadway).
[Current as of February 2020.]
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