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JURY INSTRUCTIONS

Special Instructions

7. Training of Operator

California Administrative Code Title 17

In determining the weight to be given to the results of the chemical test, you should consider whether or not the test was performed in accordance with the applicable provisions of the California Administrative Code, Title 17.

General: Breath alcohol analysis shall be performed in accordance with standards set forth in this Article.

Standards of Procedures: Procedures for breath alcohol analysis shall meet the following standards:

Breath alcohol analysis shall be performed only with instruments for which the operators have received training, such training to include at minimum the following schedule of subjects:

  1. Theory of operation;
  2. Detailed procedure of operation;
  3. Practical experience;
  4. Precautionary checklist;
  5. Written and/or practical examination;

Training in the procedures of breath alcohol analysis shall be under the supervision of persons who qualify as forensic alcohol supervisors, forensic alcohol analyst trainees in a licensed forensic alcohol laboratory.

The failure, if any, to follow the regulations adopted by the Department of Health for procedures to be used in administering tests to determine the concentration of alcohol in a person's blood, may be considered by you in determining the accuracy of the breath test results.