2006 Code of Virginia § 18.2-268.7 - Transmission of blood test samples; use as evidence

18.2-268.7. Transmission of blood test samples; use as evidence.

A. Upon receipt of a blood sample forwarded to the Department for analysispursuant to 18.2-268.6, the Department shall have it examined for itsalcohol or drug or both alcohol and drug content and the Director shallexecute a certificate of analysis indicating the name of the accused; thedate, time and by whom the blood sample was received and examined; astatement that the seal on the vial had not been broken or otherwise tamperedwith; a statement that the container and vial were provided or approved bythe Department and that the vial was one to which the completed withdrawalcertificate was attached; and a statement of the sample's alcohol or drug orboth alcohol and drug content. The Director shall remove the withdrawalcertificate from the vial, attach it to the certificate of analysis and statein the certificate of analysis that it was so removed and attached. Thecertificate of analysis with the withdrawal certificate shall be returned tothe clerk of the court in which the charge will be heard. After completion ofthe analysis, the Department shall preserve the remainder of the blood until90 days have lapsed from the date the blood was drawn. During this 90-dayperiod, the accused may, by motion filed before the court in which the chargewill be heard, with notice to the Department, request an order directing theDepartment to transmit the remainder of the blood sample to an independentlaboratory retained by the accused for analysis. The Department shall destroythe remainder of the blood sample if no notice of a motion to transmit theremaining blood sample is received during the 90-day period.

B. When a blood sample taken in accordance with the provisions of 18.2-268.2 through 18.2-268.6 is forwarded for analysis to the Department, areport of the test results shall be filed in that office. Upon properidentification of the certificate of withdrawal, the certificate of analysis,with the withdrawal certificate attached, shall, when attested by theDirector, be admissible in any court, in any criminal or civil proceeding, asevidence of the facts therein stated and of the results of such analysis. Onmotion of the accused, the report of analysis prepared for the remainingblood sample shall be admissible in evidence provided the report is dulyattested by a person performing such analysis and the independent laboratorythat performed the analysis is accredited or certified to conduct forensicblood alcohol/drug testing by one or more of the following bodies: AmericanSociety of Crime Laboratory Directors/Laboratory Accreditation Board(ASCLD/LAB); College of American Pathologists (CAP); United States Departmentof Health and Human Services Substance Abuse and Mental Health ServicesAdministration (SAMHSA); or American Board of Forensic Toxicology (ABFT).

Upon request of the person whose blood was analyzed, the test results shallbe made available to him.

The Director may delegate or assign these duties to an employee of theDepartment.

(1992, c. 830; 1993, c. 688; 1994, cc. 337, 359, 363; 2003, cc. 933, 936;2005, cc. 868, 881.)

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