WPIC 92.25 Driving or Being in Physical Control While Under The Influence—Felony—Definition
11A WAPRAC WPIC 92.25Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 92.25 (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 92.25 Driving or Being in Physical Control While Under The Influence—Felony—Definition
A person commits the crime of [felony] [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 or 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]
and
[the person has [[four] [three]] or more prior offenses within ten years] [or] [the person has been previously convicted of [an] [out-of-state] [offense] [comparable to]] vehicular [homicide] [or] [assault] while under the influence of intoxicating liquor or any drug] [or] [the person has been previously convicted of felony [driving] [or] [being in actual physical control] while under the influence.
NOTE ON USE
Use this instruction only if the defendant is charged with felony driving under the influence or felony physical control of a vehicle under the influence.
In the final paragraph of this instruction, choose “three” or “four” depending on the date of the offense. See Comment to WPIC 92.26 (Driving or Being in Physical Control While Under the Influence—Felony—Elements).
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).
The bracketed word “felony” in the first sentence of this instruction should be used when the jury is also being instructed on the lesser offense of driving under the influence or being in physical control while under the influence.
Use with WPIC 92.26 (Driving or Being in Physical Control While Under the Influence—Elements). Use WPIC 92.27 (Driving or Being in Physical Control While Under the Influence—Felony—Definition of Prior Offense) as applicable.
Use WPIC 92.10 (Under the Influence of or Affected by Intoxicating Liquor or Marijuana or Drugs—Definition), WPIC 92.12 (Driving or Being in Physical Control While Under the Influence—Alcohol or THC Concentration—Definition), WPIC 92.13 (Breath Test Refusal—Definition), WPIC 92.14 (Driving or Being in Physical Control While Under the Influence—Defense—Drinking or Consuming After Driving or Physical Control), WPIC 92.15 (Physical Control While Under the Influence—Defense—Safely Off the Roadway), and WPIC 92.16 (Evaluation of Breath or Blood Test Results) depending on the evidence presented as to the alternate means elements of the case.
Use WPIC 92.28 (Driving or Being in Physical Control While Under the Influence—Felony—Definition of Comparable Offense) as necessary to assist the jury.
COMMENT
RCW 46.61.502(6) and RCW 46.61.504(6). This instruction has been modified for this edition. See the Comment to WPIC 92.26 (Driving or Being in Physical Control While Under the Influence—Felony—Elements) for the effective dates of the several alternative means of commission of this felony offense.
For further discussion, see the Comment to WPIC 92.26 (Driving or Being in Physical Control While Under the Influence—Felony—Elements).
[Current as of February 2020.]
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