CO · jury_instructions
COLJI-Crim. 42:12.SP
DRIVING UNDER THE INFLUENCE OR WHILE ABILITY IMPAIRED—SPECIAL INSTRUCTION (DELTA 9-TETRAHYDROCANNABINOL LEVEL)
As to the charge of [driving under the influence] [driving while
ability impaired], a permissible inference that the defendant was under the
influence of one or more drugs may be drawn if the amount of delta 9-tetrahydrocannabinol in the defendant’s blood at the time of the alleged
offense, or within a reasonable time thereafter, as shown by analysis of the
defendant’s blood, was five nanograms or more per milliliter in whole
blood.
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 a
permissible inference does not shift that burden to the defendant.
History
COLJI-Crim. (2025), Colorado Supreme Court Model Criminal Jury Instructions Committee. The committee's page: "The 2025 edition was published online on February 25, 2026." © 2025 Supreme Court of Colorado for the State of Colorado.
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- crim-2026-02-25
- Content hash
acd9ec4613872ac02467334c1c4ea78d456bad2eba46976f6c8d59969ee6a1d5
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