COLJI-Crim. 3-2:28.SP

As to the charge of vehicular assault, the amount of alcohol in the

defendant’s blood or breath at the time of the alleged offense, or within a

reasonable time thereafter, as shown by analysis of the defendant’s blood

or breath, gives rise to the following:

(a) Presumption:

It shall be presumed that the defendant was not under the

influence of alcohol if there was at such time 0.05 or less grams of

alcohol per one hundred milliliters of blood, or if there was at such

time 0.05 or less grams of alcohol per two hundred ten liters of

breath.

A presumption requires you to find a fact, as if it had been

established by evidence, unless the presumption is rebutted by

evidence to the contrary.

(b) Evidentiary Consideration:

If there was at such time in excess of 0.05 but less than 0.08

grams of alcohol per one hundred milliliters of blood, or if there was

at such time in excess of 0.05 but less than 0.08 grams of alcohol per

two hundred ten liters of breath, such fact may be considered with

other competent evidence in determining whether or not the

defendant was under the influence of alcohol.

(c) Permissible inference:

A permissible inference that the defendant was under the

influence of alcohol may be drawn if there was at such time 0.08 or

more grams of alcohol per one hundred milliliters of blood, or if there

was at such time 0.08 or more grams of alcohol per two hundred ten

liters of breath.

A permissible inference allows, but does not require, you to find a

fact from proof of another fact or facts, if that conclusion is justified by the

evidence as a whole. It is entirely your decision to determine what weight

shall be given the evidence.

You must bear in mind that the prosecution always has the burden of

proving each element of the offense beyond a reasonable doubt, and that

an evidentiary consideration or a permissible inference does not shift that

burden to the defendant.