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| There are NYS jury instructions about DWI (chemical) breath testing |
Getting the jury instructions right and ensuring that the jury understands them is a concerted effort. The defense attorney must outline and argue their defense in light of and in accordance with the law. The law is the instructions. The instructions are the legal definitions of impairment, of intoxication, of operation, and accurate testing. It is in fact what they should consider with each and every element of the DWI case.
What must the jury be instructed about chemical (breath) testing?
What can the jury consider when looking at the chemical test result number (BAC)?
