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 Departmentfor analysis pursuant to § 46.2-341.26:6, the Department shall have it examinedfor its alcohol or drug content, and the Director shall execute a certificateof analysis 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 the containerand vial were provided or approved by the Department and that the vial was oneto which the completed withdrawal certificate was attached; and a statement ofthe sample's alcohol or drug content. The Director or his representative shallremove the withdrawal certificate from the vial, attach it to the certificateof analysis and state in the certificate of analysis that it was so removed andattached. The certificate of analysis with the withdrawal certificate shall bereturned to the clerk of the court in which the charge will be heard. Aftercompletion of the analysis, the Department shall preserve the remainder of theblood until 90 days have lapsed from the date the blood was drawn. During this90-day period, the accused may, by motion filed before the court in which thecharge will be heard, with notice to the Department, request an order directingthe Department 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 provisionsof §§ 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 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, providedthat the requirements of subsection A of § 19.2-187.1 have been satisfied andthe accused 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 shall beadmissible 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 or breath was analyzed,the test results shall be made available to him.
The Director may delegate or assign these duties to anemployee of the Department.
(1992, c. 830; 2003, cc. 933, 936; 2005, cc. 868, 881; 2009,Sp. Sess. I, cc. 1, 4.)