18.2-268.7 - Transmission of blood test samples; use as evidence.
§ 18.2-268.7. Transmission of blood test samples; use asevidence.
A. Upon receipt of a blood sample forwarded to the Departmentfor analysis pursuant to § 18.2-268.6, the Department shall have it examinedfor its alcohol or drug or both alcohol and drug content and the Director shallexecute a certificate of analysis indicating the name of the accused; the date,time and by whom the blood sample was received and examined; a statement thatthe seal on the vial had not been broken or otherwise tampered with; astatement that the container and vial were provided or approved by theDepartment 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.
B. After completion of the analysis, the Department shallpreserve the remainder of the blood until 90 days have lapsed from the date theblood was drawn. During this 90-day period, the accused may, by motion filedbefore the court in which the charge will be heard, with notice to theDepartment, request an order directing the Department to transmit the remainderof the blood sample to an independent laboratory retained by the accused foranalysis. The Department shall destroy the remainder of the blood sample if nonotice of a motion to transmit the remaining blood sample is received duringthe 90-day period.
C. When a blood sample taken in accordance with the provisionsof §§ 18.2-268.2 through 18.2-268.6 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 by theDirector, be admissible in any court as evidence of the facts therein statedand of the results of such analysis (i) in any criminal proceeding, providedthe requirements of subsection A of § 19.2-187.1 have been satisfied and theaccused has not objected to the admission of the certificate pursuant tosubsection B of § 19.2-187.1, or (ii) in any civil proceeding. On motion of theaccused, the report of analysis prepared for the remaining blood sample shallbe admissible in evidence provided the report is duly attested by a personperforming such analysis and the independent laboratory that performed theanalysis is accredited or certified to conduct forensic blood alcohol/drugtesting by one or more of the following bodies: American Society of CrimeLaboratory Directors/Laboratory Accreditation Board (ASCLD/LAB); College ofAmerican Pathologists (CAP); United States Department of Health and HumanServices Substance Abuse and Mental Health Services Administration (SAMHSA); orAmerican Board of Forensic Toxicology (ABFT).
Upon request of the person whose blood was analyzed, the testresults shall be made available to him.
The Director may delegate or assign these duties to anemployee of the Department.
(1992, c. 830; 1993, c. 688; 1994, cc. 337, 359, 363; 2003,cc. 933, 936; 2005, cc. 868, 881; 2009, Sp. Sess. I, cc. 1, 4.)