199x NDJI-CRIMINAL 2942

CHEMICAL TEST

In this case, evidence of the concentration of alcohol in the Defendant's [blood][breath][saliva][urine] was received in the form of the results of a chemical test.

By admitting the results of a chemical test into evidence, the Court does not imply that the test administered was an accurate or reliable test of the Defendant's alcohol concentration. The accuracy and reliability of the test is a question of fact which is left solely for your determination.

You are not bound by the results of the chemical test. If you have a reasonable doubt as to the accuracy or reliability of the chemical test or the results, you must disregard the test.

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NDCC 39-08-01, 39-20-07

State v. Vogel, 467 NW2d 86 (ND 1991)

State v. Zummach, 467 NW2d 745 (ND 1991)

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