DOUGLAS, J.
The sole issue before this court is whether the jury instruction given by the trial judge regarding appellee's refusal to take a chemical test of her breath was improper and prejudicial to appellee. The text of the instruction objected to by appellee's counsel at trial is as follows:
"There's been evidence in this case indicating that the defendant Pamela Anistik was asked to submit to a chemical analysis of her breath to determine the concentration...
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