SEQ CHAPTER \h \r 1CR30-211 05/08/03

EVIDENCE OF REFUSAL TO TAKE BREATH TEST (CONTEXT OF CRIMINAL DUI)

There has been testimony in this case about whether or not (Def)_______________ refused to provide an evidentiary sample of breath.

Under the laws of the State of Vermont, an operator suspected of driving while under the influence of intoxicating liquor has a statutory right to refuse to provide an evidentiary sample of his or her breath for analysis.  You may use this evidence, along with other evidence, to decide whether the State has met its burden of proving each of the essential elements of the offense beyond a reasonable doubt.  However, you are not required to draw any inference from this evidence.