Washington State DUI

Washington State Jury Instructions

Under the Influence | Affected By

NO. ______

Under the laws of this State, the phrases “under the influence of” and “affected by”, as used in the complaint herein with reference to intoxicating liquor, have the same significance, import, and breadth of meaning.

For the purposes of this case, the defendant may be said to have been either “under the influence of” or “affected by” intoxicating liquor, if, at the time of the alleged unlawful operation of his automobile, evidence beyond a reasonable doubt establishes that intoxicating liquor has so far affected his nervous system, brain, or muscles, so as to impair, to an appreciable degree, his ability to operate his car in the manner that an ordinary, prudent, and cautious man, in the full possession of his faculties, using reasonable care, would operate or drive a similar vehicle under like circumstances.

The question of whether or not the driver of an automobile is under the influence or affected by intoxicating liquor is one solely for the jury to determine from the evidence. The law recognizes that a person may have drunk liquor and not be under the influence of it. It is not enough to prove merely that a driver had taken liquor.

State v. Engstrom, 79 Wn.2d 469 (1971)
State v. Hurd, 5 Wn.2d 308 (1940)
State v. Hansen, 15 Wn. App. 95 (1976)
State v. Sprout, 5 Wn. App. 897 (1971)
State v. Franco, 96 Wn.2c 816 (1982)


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