DUI: Evidentiary Instructions

CR30-201.  Permissive Inferences, 23 V.S.A. § 1204 (04/04/06)

CR30-211.  Refusal to take breath test  (05/08/03). 

CR30-221.  Evidence of alcohol in the blood (Bushey instruction) (06/23/08).  This instruction derives from State v. Bushey, 149 Vt. 378 (1988).  Although it may be rare, it can happen in a prosecution under 23 V.S.A. § 1201(a)(2) that the numerical result of an evidentiary test is excluded, where the State has obtained an evidentiary test but is unable to relate the test result back to the time of operation.  See State v. Dumont, 146Vt. 252, 255 (1985).

In Bushey, the State did not introduce the test result, but the State introduced expert testimony about the amount of drinks the defendant would have had in order to achieve the test result.  The Supreme Court found that the procedure was acceptable, and that it avoided the specific prejudice identified in Dumont.  State v. Bushey, 149 Vt. at 381 (citing State v. McQuillen, 147 Vt. 386, 388 (1986), and State v. Dumont, 146 Vt. 252, 255 (1985)).

CR30-231.  Chemical Analysis (01/10/05)

CR30-241.  Lack of a Scientific Test (05/08/03)