WPIC 98.03 Traffic Cases—Drug—Definition

Use this definition in traffic cases charged under RCW 46.61.500 through 46.61.535, when it is helpful for the jury to have the term “drug” or “drugs” defined. This instruction should not be used if the allegation involves only alcohol.

See, for example, WPIC 90.01 (Vehicular Homicide—Definition), WPIC 90.02 (Vehicular Homicide—Elements), WPIC 90.06 (Vehicular Homicide and Assault—Under the Influence of or Affected By—Definition), WPIC 91.01 (Vehicular Assault—Definition), WPIC 91.02 (Vehicular Assault—Elements), WPIC 92.01 (Driving or Being in Physical Control While Under the Influence—Definition), WPIC 92.02 (Driving or Being in Physical Control While Under the Influence—Elements), WPIC 96.01 (Negligent Driving First Degree—Definition), WPIC 96.02 (Negligent Driving—First Degree—Elements), and WPIC 96.10 (Negligent Driving—First Degree—Exhibiting the Effects of Liquor, Marijuana, Drugs, or any Chemical—Definition).

For the first bracketed phrase, insert the name of the drug consistent with the evidence in the case. This term may include, but is not limited to those drugs and substances regulated by RCW Chapters 69.41 and 69.50, including marijuana if necessary. The second bracketed phrase should be used if “huffing” is the basis for the alleged impairment.

RCW 46.61.540. See also RCW Chapters 69.41 and 69.50. This definition of “drug” includes driver impairment caused by huffing. RCW 46.61.5249(1). Huffing is the act of inhaling or ingesting a volatile substance or chemical. RCW 46.61.5249(2). The substances and chemicals inhaled do not generally fit the definition of drug in RCW Chapters 69.41 and 69.50; however, the Legislature believed drivers impaired due to huffing should be accountable with the same penalties as those impaired by alcohol and drugs.