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Proposed DWI Instruction - .04 Standard

Posted by: euser
November 16, 2006
Topic: Pattern Jury Instruction - Proposal for New DWI Instruction

Modification to N.C.P.J.I. – Crim. 270.21

To be inserted after paragraph (B) under the “And Third” element:


 (if the evidence tends to show that a chemical test of the defendant’s [breath] [blood] yielded a result   showing an alcohol concentration of .04 or more grams of alcohol per [210 liters of breath] [100 milliliters of blood] you may find that this evidence, by itself, is sufficient to establish that the defendant’s actual alcohol concentration was .04 or more grams of alcohol per [210 liters of breath] [100 milliliters of blood] but you are not required to do so.   You should consider all of the evidence, including the results of any chemical test, in determining whether the defendant had consumed sufficient alcohol that at any relevant time after the driving the defendant had an alcohol concentration of 0.04 or more grams of alcohol [per 210 liters of breath] [per 100 milliliters of blood].)



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