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Choice of Tests

JURY INSTRUCTIONS:Special Instructions

V.C. §23612(a)(d) People v. Alvarado 181 Cal.App.3d Supp.3

You are instructed that the law provides that the Defendant had the right to choose whether the chemical test shall be of his blood or breath, and the officer shall advise the person that he has that choice [and if a test was requested by the Defendant, the arresting officer shall have that test performed].

If you find that the above requirements of the Vehicle Code were violated by the officer, you may consider that violation as a factor bearing on the credibility of the officer and the accuracy of the breath test administered by the officer.