SEQ CHAPTER \h \r 1CR30-221 06/23/08

 

DUI: EVIDENCE OF ALCOHOL IN THE BLOOD (Bushey instruction)

You have heard testimony that (Def)_______________ had alcohol in [his] [her] blood when the test sample was gathered.  If you find that [he] [she] had alcohol in [his] [her] blood when the sample was gathered, you may consider this evidence in deciding whether or not [he] [she] was under the influence at the time of [operation] [the attempt to operate].  However, you are not required to draw this inference, or any other inference.