SEQ CHAPTER \h \r 1CR30-201 04/04/06

DUI:  PERMISSIVE INFERENCES UNDER 23 V.S.A. § 1204

(1) If the State has proven that (Def)_______________’s alcohol concentration at the time of operation was less than 0.08, that fact does not give rise to any inference that [he] [she] was or was not under the influence of intoxicating liquor.  Nevertheless, you may consider that fact, along with other evidence, in determining whether or not [he] [she] was under the influence of intoxicating liquor.

(2) If the State has proven that (Def)_______________’s alcohol concentration at the time of operation was 0.08 or more, then you may draw an inference that [he] [she] was under the influence of intoxicating liquor.

(3) If the State has proven that (Def)_______________’s alcohol concentration was 0.10 or more at any time within two hours of the time of alleged offense, then you may draw an inference that [he] [she] was under the influence of intoxicating liquor at the time of the alleged offense.

[Note:  Include the following sentence at the close of the instructions on permissive inferences, regardless of which paragraphs are used.]

However, you are not required to draw any inference from this evidence.