{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-268.7.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-268.7.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-268.7.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-268.7.html"}],"law_id":84208,"edition_id":1,"section_id":84208,"structure_id":13849,"section_number":"18.2-268.7","catch_line":"Transmission of blood test samples; use as evidence","history":null,"full_text":"A\n\nUpon receipt of a blood sample forwarded to the Department for analysis pursuant to § 18.2-268.6, the Department shall have it examined for its alcohol or drug or both alcohol and drug content and the Director shall execute 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 that the seal on the vial had not been broken or otherwise tampered with; a statement that the container and vial were provided or approved by the Department and that the vial was one to which the completed withdrawal certificate was attached; and a statement of the sample’s alcohol or drug or both alcohol and drug content. The Director shall remove the withdrawal certificate from the vial and either (i) attach it to the certificate of analysis and state in the certificate of analysis that it was so removed and attached or (ii) electronically scan it into the Department’s Laboratory Information Management System and place the original withdrawal certificate in its case-specific file. The certificate of analysis and the withdrawal certificate shall be returned or electronically transmitted to the clerk of the court in which the charge will be heard.B\n\nAfter completion of the analysis, the Department shall preserve the remainder of the blood until at least 90 days have lapsed. The accused may, at any time prior to the expiration of such 90-day period, by motion filed before the court in which the charge will be heard, with notice to the Department, request an order directing the Department to transmit the remainder of the blood sample to an independent laboratory retained by the accused for analysis. On motion of the accused, the report of analysis prepared for the remaining blood sample shall be admissible in evidence, provided that the report is duly attested by a person performing such analysis and the independent laboratory that performed the analysis is accredited or certified to conduct forensic blood alcohol\/drug testing by one or more of the following: College of American Pathologists (CAP); U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA); American Board of Forensic Toxicology (ABFT); or an accrediting body that requires conformance to forensic-specific requirements and that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement with a scope of accreditation that covers the testing being performed. If no notice of a motion to transmit the remainder of the blood sample is received prior to the expiration of the 90-day period, the Department shall destroy the remainder of the blood sample unless the Commonwealth has filed a written request with the Department to return the remainder of the blood sample to the investigating law-enforcement agency. In such case, the Department shall return the remainder of the blood sample, if not sent to an independent laboratory, to the investigating law-enforcement agency.C\n\nWhen 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, a report of the test results shall be filed in that office. Upon proper identification of the certificate of withdrawal, the certificate of analysis, with the withdrawal certificate attached, shall, when attested by the Director, be admissible in any court as evidence of the facts therein stated and of the results of such analysis (i) in any criminal proceeding, provided the requirements of subsection A of § 19.2-187.1 have been satisfied and the accused has not objected to the admission of the certificate pursuant to subsection B of § 19.2-187.1, or (ii) in any civil proceeding.\n\t\t\tUpon request of the person whose blood was analyzed, the test results shall be made available to him.\n\t\t\tThe Director may delegate or assign these duties to an employee of the Department.","order_by":null,"text":{"0":{"id":301832,"text":"Upon receipt of a blood sample forwarded to the Department for analysis pursuant to § 18.2-268.6, the Department shall have it examined for its alcohol or drug or both alcohol and drug content and the Director shall execute 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 that the seal on the vial had not been broken or otherwise tampered with; a statement that the container and vial were provided or approved by the Department and that the vial was one to which the completed withdrawal certificate was attached; and a statement of the sample’s alcohol or drug or both alcohol and drug content. The Director shall remove the withdrawal certificate from the vial and either (i) attach it to the certificate of analysis and state in the certificate of analysis that it was so removed and attached or (ii) electronically scan it into the Department’s Laboratory Information Management System and place the original withdrawal certificate in its case-specific file. The certificate of analysis and the withdrawal certificate shall be returned or electronically transmitted to the clerk of the court in which the charge will be heard.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":301833,"text":"After completion of the analysis, the Department shall preserve the remainder of the blood until at least 90 days have lapsed. The accused may, at any time prior to the expiration of such 90-day period, by motion filed before the court in which the charge will be heard, with notice to the Department, request an order directing the Department to transmit the remainder of the blood sample to an independent laboratory retained by the accused for analysis. On motion of the accused, the report of analysis prepared for the remaining blood sample shall be admissible in evidence, provided that the report is duly attested by a person performing such analysis and the independent laboratory that performed the analysis is accredited or certified to conduct forensic blood alcohol\/drug testing by one or more of the following: College of American Pathologists (CAP); U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA); American Board of Forensic Toxicology (ABFT); or an accrediting body that requires conformance to forensic-specific requirements and that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement with a scope of accreditation that covers the testing being performed. If no notice of a motion to transmit the remainder of the blood sample is received prior to the expiration of the 90-day period, the Department shall destroy the remainder of the blood sample unless the Commonwealth has filed a written request with the Department to return the remainder of the blood sample to the investigating law-enforcement agency. In such case, the Department shall return the remainder of the blood sample, if not sent to an independent laboratory, to the investigating law-enforcement agency.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":301834,"text":"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, a report of the test results shall be filed in that office. Upon proper identification of the certificate of withdrawal, the certificate of analysis, with the withdrawal certificate attached, shall, when attested by the Director, be admissible in any court as evidence of the facts therein stated and of the results of such analysis (i) in any criminal proceeding, provided the requirements of subsection A of § 19.2-187.1 have been satisfied and the accused has not objected to the admission of the certificate pursuant to subsection B of § 19.2-187.1, or (ii) in any civil proceeding.\n\t\t\tUpon request of the person whose blood was analyzed, the test results shall be made available to him.\n\t\t\tThe Director may delegate or assign these duties to an employee of the Department.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13849,"edition_id":1,"name":"Driving Motor Vehicle, etc., While Intoxicated","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12973,"metadata":{},"date_created":"2026-06-26 03:46:04","date_modified":"2026-06-26 03:46:04","permalink":{"id":166823,"object_type":"structure","relational_id":13849,"identifier":"2","token":"18.2\/7\/2","url":"\/18.2\/7\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12973,"edition_id":1,"name":"Crimes Involving Health and Safety","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":166501,"object_type":"structure","relational_id":12973,"identifier":"7","token":"18.2\/7","url":"\/18.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67410,"structure_id":13849,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","url":"\/18.2-266\/","token":"18.2\/7\/2\/18.2-266","metadata":false},{"id":63203,"structure_id":13849,"section_number":"18.2-266.1","catch_line":"Persons under age 21 driving after illegally consuming alcohol; 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use of breath-test results as evidence","url":"\/18.2-268.9\/","token":"18.2\/7\/2\/18.2-268.9","metadata":false},{"id":71034,"structure_id":13849,"section_number":"18.2-269","catch_line":"Presumptions from alcohol or drug content of blood","url":"\/18.2-269\/","token":"18.2\/7\/2\/18.2-269","metadata":false},{"id":75350,"structure_id":13849,"section_number":"18.2-270","catch_line":"Penalty for driving while intoxicated; subsequent offense; prior conviction","url":"\/18.2-270\/","token":"18.2\/7\/2\/18.2-270","metadata":false},{"id":81046,"structure_id":13849,"section_number":"18.2-270.01","catch_line":"Multiple offenders; payment to Trauma Center Fund","url":"\/18.2-270.01\/","token":"18.2\/7\/2\/18.2-270.01","metadata":false},{"id":81550,"structure_id":13849,"section_number":"18.2-270.1","catch_line":"Ignition interlock systems; penalty","url":"\/18.2-270.1\/","token":"18.2\/7\/2\/18.2-270.1","metadata":false},{"id":81628,"structure_id":13849,"section_number":"18.2-270.2","catch_line":"Ignition interlock system and remote alcohol monitoring device; certification by Commission on VASAP; regulations; sale or lease; monitoring use; reports","url":"\/18.2-270.2\/","token":"18.2\/7\/2\/18.2-270.2","metadata":false},{"id":80969,"structure_id":13849,"section_number":"18.2-271","catch_line":"Forfeiture of driver's license for driving while intoxicated","url":"\/18.2-271\/","token":"18.2\/7\/2\/18.2-271","metadata":false},{"id":57797,"structure_id":13849,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","url":"\/18.2-271.1\/","token":"18.2\/7\/2\/18.2-271.1","metadata":false},{"id":74018,"structure_id":13849,"section_number":"18.2-271.2","catch_line":"Commission on VASAP; purpose; membership; terms; meetings; staffing; compensation and expenses; chairman's executive summary","url":"\/18.2-271.2\/","token":"18.2\/7\/2\/18.2-271.2","metadata":false},{"id":85453,"structure_id":13849,"section_number":"18.2-271.3","catch_line":"Repealed","url":"\/18.2-271.3\/","token":"18.2\/7\/2\/18.2-271.3","metadata":false},{"id":60570,"structure_id":13849,"section_number":"18.2-271.4","catch_line":"Oath of office","url":"\/18.2-271.4\/","token":"18.2\/7\/2\/18.2-271.4","metadata":false},{"id":79130,"structure_id":13849,"section_number":"18.2-271.5","catch_line":"Restricted permits to operate a motor vehicle; ignition interlock systems","url":"\/18.2-271.5\/","token":"18.2\/7\/2\/18.2-271.5","metadata":false},{"id":70219,"structure_id":13849,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","url":"\/18.2-272\/","token":"18.2\/7\/2\/18.2-272","metadata":false},{"id":75028,"structure_id":13849,"section_number":"18.2-273","catch_line":"Report of conviction to Department of Motor Vehicles","url":"\/18.2-273\/","token":"18.2\/7\/2\/18.2-273","metadata":false}],"previous_section":{"id":69540,"structure_id":13849,"section_number":"18.2-268.6","catch_line":"Transmission of blood samples","url":"\/18.2-268.6\/","token":"18.2\/7\/2\/18.2-268.6","metadata":false},"next_section":{"id":71519,"structure_id":13849,"section_number":"18.2-268.8","catch_line":"Fees","url":"\/18.2-268.8\/","token":"18.2\/7\/2\/18.2-268.8","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-268.7\/","references":[{"id":71034,"section_number":"18.2-269","catch_line":"Presumptions from alcohol or drug content of blood","order_by":null,"url":"\/18.2-269\/"},{"id":82349,"section_number":"29.1-738.3","catch_line":"Presumptions from alcohol or drug content","order_by":null,"url":"\/29.1-738.3\/"},{"id":81010,"section_number":"8.01-44.5","catch_line":"Punitive damages for persons injured by intoxicated drivers","order_by":null,"url":"\/8.01-44.5\/"}],"refers_to":[{"id":74659,"section_number":"18.2-268.2","catch_line":"Implied consent to post-arrest testing to determine drug or alcohol content of blood","order_by":null,"url":"\/18.2-268.2\/"},{"id":69540,"section_number":"18.2-268.6","catch_line":"Transmission of blood samples","order_by":null,"url":"\/18.2-268.6\/"},{"id":73680,"section_number":"19.2-187.1","catch_line":"Procedures for notifying accused of certificate of analysis; waiver; continuances","order_by":null,"url":"\/19.2-187.1\/"}],"permalink":{"id":166877,"object_type":"law","relational_id":84208,"identifier":"18.2-268.7","token":"18.2\/7\/2\/18.2-268.7","url":"\/18.2-268.7\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-268.7\/","token":"18.2\/7\/2\/18.2-268.7","dublin_core":{"Title":"Transmission of blood test samples; use as evidence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-268.7","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon receipt of a blood sample forwarded to the Department for analysis pursuant to § 18.2-268.6<\/a>, the Department shall have it examined for its alcohol or drug or both alcohol and drug content and the Director shall execute a certificate of analysis indicating the name of the accused<\/span>; the date, time and by whom the blood sample was received and examined; a statement that the seal on the vial had not been broken or otherwise tampered with; a statement that the container and vial were provided or approved by the Department and that the vial was one to which the completed withdrawal certificate was attached; and a statement of the sample’s alcohol or drug or both alcohol and drug content. The Director shall remove the withdrawal certificate from the vial and either (i) attach it to the certificate of analysis and state in the certificate of analysis that it was so removed and attached or (ii) electronically scan it into the Department’s Laboratory Information Management System and place the original withdrawal certificate in its case-specific file. The certificate of analysis and the withdrawal certificate shall be returned or electronically transmitted to the clerk of the court<\/span> in which the charge will be heard. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> After completion of the analysis, the Department shall preserve the remainder of the blood until at least 90 days have lapsed. The accused<\/span> may, at any time prior to the expiration of such 90-day period, by motion<\/span> filed before the court<\/span> in which the charge will be heard, with notice to the Department, request an order<\/span> directing the Department to transmit the remainder of the blood sample to an independent laboratory retained by the accused<\/span> for analysis. On motion<\/span> of the accused<\/span>, the report of analysis prepared for the remaining blood sample shall be admissible<\/span> in evidence<\/span>, provided that the report is duly attested by a person performing such analysis and the independent laboratory that performed the analysis is accredited or certified to conduct forensic blood alcohol\/drug testing by one or more of the following: College of American Pathologists (CAP); U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA); American Board of Forensic Toxicology (ABFT); or an accrediting body that requires conformance to forensic-specific requirements and that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement with a scope of accreditation that covers the testing being performed. If no notice of a motion<\/span> to transmit the remainder of the blood sample is received prior to the expiration of the 90-day period, the Department shall destroy the remainder of the blood sample unless the Commonwealth has filed a written request with the Department to return the remainder of the blood sample to the investigating law<\/span>-enforcement agency. In such case, the Department shall return the remainder of the blood sample, if not sent to an independent laboratory, to the investigating law<\/span>-enforcement agency. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When a blood sample taken in accordance with the provisions of §§ 18.2-268.2<\/a> through 18.2-268.6<\/a> is forwarded for analysis to the Department, a report of the test results shall be filed in that office. Upon proper identification of the certificate of withdrawal, the certificate of analysis, with the withdrawal certificate attached, shall, when attested by the Director, be admissible<\/span> in any court<\/span> as evidence<\/span> of the facts<\/span> therein stated and of the results of such analysis (i) in any criminal proceeding, provided the requirements of subsection A of § 19.2-187.1<\/a> have been satisfied and the accused<\/span> has not objected to the admission of the certificate pursuant to subsection B of § 19.2-187.1<\/a>, or (ii) in any civil proceeding.\n\t\t\tUpon request of the person whose blood was analyzed, the test results shall be made available to him.\n\t\t\tThe Director may delegate or assign these duties to an employee of the Department. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTRANSMISSION OF BLOOD TEST SAMPLES; USE AS EVIDENCE (\u00a7 18.2-268.7)\n\nA. Upon receipt of a blood sample forwarded to the Department for analysis\npursuant to § 18.2-268.6, the Department shall have it examined for its\nalcohol or drug or both alcohol and drug content and the Director shall execute\na certificate of analysis indicating the name of the accused; the date, time and\nby whom the blood sample was received and examined; a statement that the seal on\nthe vial had not been broken or otherwise tampered with; a statement that the\ncontainer and vial were provided or approved by the Department and that the vial\nwas one to which the completed withdrawal certificate was attached; and a\nstatement of the sample’s alcohol or drug or both alcohol and drug\ncontent. The Director shall remove the withdrawal certificate from the vial and\neither (i) attach it to the certificate of analysis and state in the certificate\nof analysis that it was so removed and attached or (ii) electronically scan it\ninto the Department’s Laboratory Information Management System and place\nthe original withdrawal certificate in its case-specific file. The certificate\nof analysis and the withdrawal certificate shall be returned or electronically\ntransmitted to the clerk of the court in which the charge will be heard.\n\nB. After completion of the analysis, the Department shall preserve the remainder\nof the blood until at least 90 days have lapsed. The accused may, at any time\nprior to the expiration of such 90-day period, by motion filed before the court\nin which the charge will be heard, with notice to the Department, request an\norder directing the Department to transmit the remainder of the blood sample to\nan independent laboratory retained by the accused for analysis. On motion of the\naccused, the report of analysis prepared for the remaining blood sample shall be\nadmissible in evidence, provided that the report is duly attested by a person\nperforming such analysis and the independent laboratory that performed the\nanalysis is accredited or certified to conduct forensic blood alcohol\/drug\ntesting by one or more of the following: College of American Pathologists (CAP);\nU.S. Department of Health and Human Services Substance Abuse and Mental Health\nServices Administration (SAMHSA); American Board of Forensic Toxicology (ABFT);\nor an accrediting body that requires conformance to forensic-specific\nrequirements and that is a signatory to the International Laboratory\nAccreditation Cooperation (ILAC) Mutual Recognition Arrangement with a scope of\naccreditation that covers the testing being performed. If no notice of a motion\nto transmit the remainder of the blood sample is received prior to the\nexpiration of the 90-day period, the Department shall destroy the remainder of\nthe blood sample unless the Commonwealth has filed a written request with the\nDepartment to return the remainder of the blood sample to the investigating\nlaw-enforcement agency. In such case, the Department shall return the remainder\nof the blood sample, if not sent to an independent laboratory, to the\ninvestigating law-enforcement agency.\n\nC. When a blood sample taken in accordance with the provisions of §§\n18.2-268.2 through 18.2-268.6 is forwarded for analysis to the Department, a\nreport of the test results shall be filed in that office. Upon proper\nidentification of the certificate of withdrawal, the certificate of analysis,\nwith the withdrawal certificate attached, shall, when attested by the Director,\nbe admissible in any court as evidence of the facts therein stated and of the\nresults of such analysis (i) in any criminal proceeding, provided the\nrequirements of subsection A of § 19.2-187.1 have been satisfied and the\naccused has not objected to the admission of the certificate pursuant to\nsubsection B of § 19.2-187.1, or (ii) in any civil proceeding.\n\t\t\tUpon request of the person whose blood was analyzed, the test results shall\nbe made available to him.\n\t\t\tThe Director may delegate or assign these duties to an employee of the\nDepartment.\n","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}