199x NDJI-CRIMINAL 2943

CHEMICAL TEST - Less Than .10

The amount of alcohol in a person's [blood][breath][saliva][urine] is evidence to be considered by the jury in determining whether or not the Defendant was under the influence of intoxicating liquor. If the test shows an alcohol concentration of not more than five one-hundredths of one percent (.05) by weight, the person is presumed not to be under the influence of intoxicating liquor.

If the test shows there was more than five one-hundredths of one percent (.05) by weight, then the evidence is relevant, but not conclusive evidence, indicating the Defendant was under the influence of intoxicating liquor, and must be considered and weighed with all other facts, circumstances and evidence in the case in determining whether the Defendant was under the influence of intoxicating liquor at the time of driving a motor vehicle.

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NDCC 39-20-07

NOTE: This instruction is to be given if a Defendant's chemical test result is less than .10.

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