                                 CODE OF VIRGINIA

TRANSMISSION OF BLOOD TEST SAMPLES; USE AS EVIDENCE (§ 18.2-268.7)

A. Upon receipt of a blood sample forwarded to the Department for analysis
pursuant to &#xA7; 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&#8217;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&#8217;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. 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.

C. When a blood sample taken in accordance with the provisions of &#xA7;&#xA7;
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 &#xA7; 19.2-187.1 have been satisfied and the
accused has not objected to the admission of the certificate pursuant to
subsection B of &#xA7; 19.2-187.1, or (ii) in any civil proceeding.
			Upon request of the person whose blood was analyzed, the test results shall
be made available to him.
			The Director may delegate or assign these duties to an employee of the
Department.
