WPIC 92.12 Driving or Being in Physical Control While Under the Influence—Alcohol or THC Concen...
11A WAPRAC WPIC 92.12Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 92.12 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
December 2021 Update
Part XI. Crimes Involving Operation of Motor Vehicles
WPIC CHAPTER 92. Driving Under the Influence
WPIC 92.12 Driving or Being in Physical Control While Under the Influence—Alcohol or THC Concentration—Definition
[Alcohol concentration means [grams of alcohol per 210 liters of a person's breath] [or] [grams of alcohol per 100 milliliters of a person's blood].] [or]
[THC concentration means nanograms of delta-9 tetrahydrocannabinol per milliliter of a person's whole blood. [THC concentration does not include measurement of the metabolite carboxy-THC.]]
NOTE ON USE
Use this instruction with WPIC 92.02 (Driving or Being in Physical Control While Under the Influence—Elements), WPIC 92.05 (Operating A Motor Vehicle After Consuming Alcohol or Marijuana While Under the Age of Twenty-One—Elements), and WPIC 90.06 (Vehicular Homicide and Assault—Under the Influence of or Affected By—Definition).
Use the alternative bracketed phrases as appropriate. The second bracketed paragraph defining THC concentration is for use for crimes that occurred on or after December 6, 2012. See Comment below. Use the last sentence of the instruction only if evidence of carboxy-THC is admitted and an explanation of the term is necessary. For directions on using bracketed phrases, see WPIC 4.20 (Introduction).
RCW 46.04.015; RCW 46.04.586.
Since 2012, RCW 46.61.502 and RCW 46.61.504 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 or higher nanograms per milliliter of whole blood. RCW 46.61.502(1)(b); RCW 46.61.506(2)(b). RCW 46.61.503 now contains 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 of THC in their system. In addition to these noted amendments, this legislation added the definition of “THC concentration;” however, for juror comprehension, the scientific name for the metabolite carboxy THC (THC=COOH) is omitted from this instruction. RCW 46.04.586.
[Current as of February 2020.]
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