Washington State DUI

Washington State Jury Instructions

Burden of Proof

NO. _____

In a criminal case the burden of proof is always upon the prosecution to prove each element of the crime charged by competent evidence beyond a reasonable doubt.

This burden never shifts to the Defendant, for the law never imposes upon a defendant the burden or duty of calling any witness or producing any evidence.

Mullaney v. Wilbur, 42l U.S. 684 (l975)
In Re Winship, 397 U.S. 358 (l970)
State v. Bryant, 73 Wn.2d l68, 437 P.2d 398 (l968)
State v. McHenry, 13 Wn.App. 421, 535 P.2d 843 (l975)
RCW 9A.04.l00

Right to Refuse Field Sobriety Tests

NO. ______

Under the laws of the state of Washington, a person has the right to refuse to submit to roadside testing, also known as physical sobriety tests.

The fact that a person has exercised this right does not require you to conclude that the person therefore must be guilty of DUI. It is evidence that you may consider with other competent evidence presented in this case to determine whether the State has proved each element of the crime beyond a reasonable doubt.

Seattle v. Personeus, 63 Wn. App. 461 (1991)

Consume Alcohol and Drive

NO. ______

It is not unlawful for a person to consume alcohol and drive. The law recognizes that a person may have consumed alcohol and yet not be under the influence of it. It is not enough to prove merely that a driver had consumed alcohol.

State v. Hurd, 5 Wn.2d 308, 105 P.2d 59 (1940)
State v. Hansen, 15 Wn.App. 95, 546 P.2d 1242 (1976)
State v. Franco, 96 Wn.2d 816, 639 P.2d 1320 (1982)


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