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WPIC 92.16 Evaluation of Blood or Breath Test Results

11A WAPRAC WPIC 92.16Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 92.16 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
December 2021 Update
Washington State Supreme Court Committee on Jury Instructions
Part XI. Crimes Involving Operation of Motor Vehicles
WPIC CHAPTER 92. Driving Under the Influence
WPIC 92.16 Evaluation of Blood or Breath Test Results
In determining the accuracy and reliability of a [breath] [blood] test, you may consider the testing procedures used, the reliability and functioning of a testing instrument, maintenance procedures applied to a testing instrument, and any other factors that bear on the accuracy and reliability of the test.
Use this instruction when there is a challenge to the accuracy and reliability of the defendant's breath or blood test. For directions on using bracketed phrases, see WPIC 4.20 (Introduction).
RCW 46.61.506 codifies the foundational elements required for admissibility of breath or blood test evidence and the state's burden as it relates to the reliability of the breath or blood testing procedure. RCW 46.61.506(4)(c) reads:
Nothing in this section shall be deemed to prevent the subject of the test from challenging the reliability or accuracy of the test, the reliability or functioning of the instrument, or any maintenance procedures. Such challenges, however, shall not preclude the admissibility of the test once the prosecution or department has made a prima facie showing of the requirements contained in (a) of this subsection. Instead, such challenges may be considered by the trier of fact in determining what weight to give to the test result.
The prosecution must prove to the jury that any breath or blood test result is “accurate and reliable” beyond a reasonable doubt if the prosecution chooses to submit an RCW 46.61.502(1)(a) or (b) or .504(1)(a) or (b) per se 0.08 alcohol or 5.00 nanogram THC concentration alternative means instruction to the jury (as opposed to only submitting the crime to the jury under the “under the influence of or affected by” alternative means of RCW 46.61.502 or .504).
[Current as of February 2020.]
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