What is the test for determining that a blood alcohol level below 0.05 percent does not give rise to a presumption that a person was not under the influence of alcohol at the time of the crime?

Defendant contends that the trial court erred in refusing to give a special jury instruction that a blood-alcohol level below 0.05 percent gives rise to a presumption that the person was not under the influence of alcohol at the time of the alleged offense. (See Veh. Code, 23610, subd. (a)(1).) The court below denied the request based on People v. Andersen (1994) 26 Cal.App.4th 1241 (Andersen), reasoning that it would be confusing to jurors to give the instruction regarding alcohol where it was alleged that defendant was intoxicated based on a combination of alcohol and drugs. The Attorney General contends that the trial court properly refused defendant's pinpoint instruction.