SEQ CHAPTER \h \r 1CR30-231 01/10/05

 

DUI: BREATH OR BLOOD ANALYSIS

The State has presented evidence indicating that a [breath] [blood] analysis was undertaken to establish (Def)_______________’s alcohol concentration.  You may consider the analysis to be valid if it was performed according to methods selected by the Vermont Department of Health, but you are not required to find it valid.  You should determine from all the evidence whether you consider the test result to be valid.  If you find that the test result was not valid, then you should not consider the test evidence any further.

[If you find that the test result was valid and accurate, then you still must consider whether the State has proven how the test result relates back to the time of [operation] [the attempt to operate] [the actual physical control].  In considering these issues, you may consider the testimony of the expert witness[es] with respect to absorption and elimination rates of alcohol.]

[If you do find the test result to be valid, and if you also find that (Def)_______________ had an alcohol concentration of 0.08 or more at the time [he] [she] [operated] [attempted to operate] [was in actual physical control of] the vehicle, then you may infer, but you are not required to infer, that [he] [she] was under the influence of intoxicating liquor at that time.]

[Further, if you find that the test result was valid and accurate, and if you find that (Def)_______________’s alcohol concentration was 0.10 or more within 2 hours from the time [he] [she] [operated] [attempted to operate] [was in actual physical control of] the vehicle, then you may infer, but you are not required to infer, that [he] [she] was under the influence of intoxicating liquor at the time of operation.]