2006 Code of Virginia § 46.2-341.26:7 - Transmission of samples

46.2-341.26:7. Transmission of samples.

A. Upon receipt of a blood sample forwarded to the Department for analysispursuant to 46.2-341.26:6, the Department shall have it examined for itsalcohol or drug content, and the Director shall execute a certificate ofanalysis indicating the name of the suspect; the date, time, and by whom theblood sample was received and examined; a statement that the seal on the vialhad not been broken or otherwise tampered with; a statement that thecontainer and vial were provided or approved by the Department and that thevial was one to which the completed withdrawal certificate was attached; anda statement of the sample's alcohol or drug content. The Director or hisrepresentative shall remove the withdrawal certificate from the vial, attachit to the certificate of analysis and state in the certificate of analysisthat it was so removed and attached. The certificate of analysis with thewithdrawal certificate shall be returned to the clerk of the court in whichthe charge will be heard. After completion of the analysis, the Departmentshall preserve the remainder of the blood until 90 days have lapsed from thedate the blood was drawn. During this 90-day period, the accused may, bymotion filed before the court in which the charge will be heard, with noticeto the Department, request an order directing the Department to transmit theremainder of the blood sample to an independent laboratory retained by theaccused for analysis. The Department shall destroy the remainder of the bloodsample if no notice of a motion to transmit the remaining blood sample isreceived during the 90-day period.

B. When a blood sample taken in accordance with the provisions of 46.2-341.26:2 through 46.2-341.26:6 is forwarded for analysis to theDepartment, a report of the test results shall be filed in that office. Uponproper identification of the certificate of withdrawal, the certificate ofanalysis, with the withdrawal certificate attached, shall, when attested bythe Director, be admissible in any court, in any criminal or civilproceeding, as evidence of the facts therein stated and of the results ofsuch analysis. On motion of the accused, the report of analysis prepared forthe remaining blood sample shall be admissible in evidence provided thereport is duly attested by a person performing such analysis and theindependent laboratory that performed the analysis is accredited or certifiedto conduct forensic blood alcohol/drug testing by one or more of thefollowing bodies: American Society of Crime Laboratory Directors/LaboratoryAccreditation Board (ASCLD/LAB); College of American Pathologists (CAP);United States Department of Health and Human Services Substance Abuse andMental Health Services Administration (SAMHSA); or American Board of ForensicToxicology (ABFT).

Upon request of the person whose blood or breath was analyzed, the testresults shall be made available to him.

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

(1992, c. 830; 2003, cc. 933, 936; 2005, cc. 868, 881.)