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Driving with a 0.08 Percent BAC Jury Instruction

Vehicle Code section 23152(b) as defined by CALCRIM 2111

The defendant is charged Count 2 with driving with a blood alcohol level of 0.08 percent or more in violation of Vehicle Code section 23152(b).

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant drove a vehicle;

AND

2. When he or she drove, the defendant's blood alcohol level was 0.08 percent or more by weight.

If the People have proved beyond a reasonable doubt that a sample of the defendant's blood or breath was taken within three hours of the defendant's alleged driving and that a chemical analysis of the sample showed a blood alcohol level of 0.08 percent or more, you may, but are not required to, conclude that the defendant's blood alcohol level was 0.08 percent or more at the time of the alleged offense.

In evaluating any test results in this case, you may consider whether or not the person administering the test or the agency maintaining the testing device followed the regulations of the California Department of Health Services.

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