WPIC 99.05 Circumventing an Ignition Interlock Device—Definition
11A WAPRAC WPIC 99.05Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 99.05 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XI. Crimes Involving Operation of Motor Vehicles
WPIC CHAPTER 99. Ignition Interlock
WPIC 99.05 Circumventing an Ignition Interlock Device—Definition
A person commits the crime of circumventing an ignition interlock when
[he or she is restricted to the use of a vehicle equipped with an ignition interlock device, and the defendant
[tampers with the device by [modifying] [detaching] [disconnecting] [or] [otherwise] disabling the ignition interlock device to allow the restricted driver to operate the vehicle] [or]
[[uses] [or] [requests another person to use] [a filter] [or] [other device] [to circumvent the ignition interlock] [or] [to start] [or] [to operate] the vehicle [to allow the restricted driver to operate the vehicle]] [or]
[[has] [directs] [authorizes] [or] [requests] another person [to] tamper with the device by [modifying] [detaching] [disconnecting] [or] [otherwise disabling] it to allow the restricted driver to operate the vehicle] [or]
[[has] [allows] [directs] [authorizes] [or] [requests] another person [to] blow or otherwise exhale into the device in order to circumvent the device to allow the restricted driver to operate the vehicle].]
[he or she knowingly assists another person who is restricted to the use of a vehicle equipped with an ignition interlock device [to circumvent the device] [or] [to start and operate that vehicle].]
NOTE ON USE
Use this instruction for crimes occurring after September 26, 2015, and if it will help the jury understand the charged offense or if it is necessary to define this particular offense for the jury.
Use the first bracketed paragraph when the defendant is the restricted driver. Use the second bracketed paragraph when the defendant is a person assisting the restricted driver.
Use the bracketed phrases within each paragraph as applicable. For directions on using bracketed phrases, see WPIC 4.20 (Introduction). If the charge is RCW 46.20.750(2), use WPIC 10.02 (Knowledge—Knowingly—Definition). Use with WPIC 99.07 (Ignition Interlock Device—Definition).
COMMENT
RCW 46.20.750(1) and (2). The statute creates two different offenses: subsection (1) is for crimes committed by the restricted driver, and subsection (2) is for crimes committed by another person assisting the restricted driver. Use this instruction for crimes occurring on or after September 26, 2015. See Comment to WPIC 99.06 (Circumventing an Ignition Interlock Device—Restricted Driver—Elements).
[Current as of March 2020.]
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