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JURY INSTRUCTIONS

Refusal Instructions

6. Willingness to Take Urine is Not a Refusal

CALJIC 5.17 Modified

If you find that the defendant was willing to take a urine test and believed he had the right to such a urine test, then the alleged refusal is not the product of a consciousness of guilt and you should not consider the refusal. This would be so even though a reasonable person in the same situation seeing and knowing the same facts might not have had the same state of mind.