A. 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.
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 §§ 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.
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.
Structure Code of Virginia
Title 18.2 - Crimes and Offenses Generally
Chapter 7 - Crimes Involving Health and Safety
§ 18.2-248.01. Transporting controlled substances into the Commonwealth; penalty
§ 18.2-248.04. Methamphetamine Cleanup Fund established
§ 18.2-248.3. Professional use of imitation controlled substances
§ 18.2-248.4. Advertisement of imitation controlled substances prohibited; penalty
§ 18.2-248.5. Illegal stimulants and steroids; penalty
§ 18.2-250. Possession of controlled substances unlawful
§ 18.2-251.01. Substance abuse screening and assessment for felony convictions
§ 18.2-251.02. Drug Offender Assessment and Treatment Fund
§ 18.2-251.03. Arrest and prosecution when experiencing or reporting overdoses
§ 18.2-251.1. Possession or distribution of marijuana for medical purposes permitted
§ 18.2-251.1:1. Possession or distribution of cannabis oil; public schools
§ 18.2-251.2. Possession and distribution of flunitrazepam; enhanced penalty
§ 18.2-251.3. Possession and distribution of gamma-butyrolactone; 1, 4-butanediol; enhanced penalty
§ 18.2-251.4. Defeating drug and alcohol screening tests; penalty
§ 18.2-254. Commitment of convicted person for treatment for substance abuse
§ 18.2-254.1. Drug Treatment Court Act
§ 18.2-254.2. Specialty dockets; report
§ 18.2-254.3. Behavioral Health Docket Act
§ 18.2-255. Distribution of certain drugs to persons under 18 prohibited; penalty
§ 18.2-255.2. Prohibiting the sale or manufacture of drugs on or near certain properties; penalty
§ 18.2-258. Certain premises deemed common nuisance; penalty
§ 18.2-258.01. Enjoining nuisances involving illegal drug transactions
§ 18.2-258.02. Maintaining a fortified drug house; penalty
§ 18.2-258.2. Assisting individuals in unlawfully procuring prescription drugs; penalty
§ 18.2-259. Penalties to be in addition to civil or administrative sanctions
§ 18.2-260.1. Falsifying patient records
§ 18.2-263. Unnecessary to negative exception, etc.; burden of proof of exception, etc.
§ 18.2-264. Inhaling drugs or other noxious chemical substances or causing, etc., others to do so
§ 18.2-265.2. Evidence to be considered in cases under this article
§ 18.2-265.3. Penalties for sale, etc., of drug paraphernalia
§ 18.2-265.5. Advertisement of drug paraphernalia prohibited; penalty
§ 18.2-265.7. Sale of the methamphetamine precursors ephedrine or related compounds; penalty
§ 18.2-265.9. Stop sales alerts; interruption of electronic system
§ 18.2-265.10. Exemption from participation in electronic system; requirement to maintain log
§ 18.2-265.11. Exemption from participation in electronic system and maintenance of a written log
§ 18.2-265.12. Authority to access data, records, and reports
§ 18.2-265.13. Confidentiality of data in possession of Department
§ 18.2-265.14. Prohibition on disclosure of information by entity operating the system
§ 18.2-265.16. Compliance with statutory provisions; civil immunity
§ 18.2-265.18. Failure to report certain sales; penalty
§ 18.2-265.20. Sale or distribution of dextromethorphan to minors; purchase by minors; civil penalty
§ 18.2-265.21. Possession or distribution of unfinished dextromethorphan; penalty
§ 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.
§ 18.2-266.1. Persons under age 21 driving after illegally consuming alcohol; penalty
§ 18.2-267. Preliminary analysis of breath to determine alcoholic content of blood
§ 18.2-268.1. Chemical testing to determine alcohol or drug content of blood; definitions
§ 18.2-268.2. Implied consent to post-arrest testing to determine drug or alcohol content of blood
§ 18.2-268.3. Refusal of tests; penalties; procedures
§ 18.2-268.4. Trial and appeal for refusal
§ 18.2-268.6. Transmission of blood samples
§ 18.2-268.7. Transmission of blood test samples; use as evidence
§ 18.2-268.9. Assurance of breath-test validity; use of breath-test results as evidence
§ 18.2-268.10. Evidence of violation of driving under the influence offenses
§ 18.2-268.11. Substantial compliance
§ 18.2-269. Presumptions from alcohol or drug content of blood
§ 18.2-270. Penalty for driving while intoxicated; subsequent offense; prior conviction
§ 18.2-270.01. Multiple offenders; payment to Trauma Center Fund
§ 18.2-270.1. Ignition interlock systems; penalty
§ 18.2-271. Forfeiture of driver's license for driving while intoxicated
§ 18.2-271.5. Restricted permits to operate a motor vehicle; ignition interlock systems
§ 18.2-272. Driving after forfeiture of license
§ 18.2-273. Report of conviction to Department of Motor Vehicles
§ 18.2-279. Discharging firearms or missiles within or at building or dwelling house; penalty
§ 18.2-280. Willfully discharging firearms in public places
§ 18.2-281. Setting spring gun or other deadly weapon
§ 18.2-282.1. Brandishing a machete or other bladed weapon with intent to intimidate; penalty
§ 18.2-283. Carrying dangerous weapon to place of religious worship
§ 18.2-283.1. Carrying weapon into courthouse
§ 18.2-284. Selling or giving toy firearms
§ 18.2-285. Hunting with firearms while under influence of intoxicant or narcotic drug; penalty
§ 18.2-286. Shooting in or across road or in street
§ 18.2-286.1. Shooting from vehicles so as to endanger persons; penalty
§ 18.2-287.01. Carrying weapon in air carrier airport terminal
§ 18.2-287.2. Wearing of body armor while committing a crime; penalty
§ 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty
§ 18.2-287.5. Reporting lost or stolen firearms; civil penalty
§ 18.2-289. Use of machine gun for crime of violence
§ 18.2-290. Use of machine gun for aggressive purpose
§ 18.2-291. What constitutes aggressive purpose
§ 18.2-292. Presence prima facie evidence of use
§ 18.2-293. What article does not apply to
§ 18.2-293.1. What article does not prohibit
§ 18.2-294. Manufacturer's and dealer's register; inspection of stock
§ 18.2-295. Registration of machine guns
§ 18.2-296. Search warrants for machine guns
§ 18.2-297. How article construed
§ 18.2-298. Short title of article
§ 18.2-300. Possession or use of "sawed-off" shotgun or rifle
§ 18.2-303. What article does not apply to
§ 18.2-303.1. What article does not prohibit
§ 18.2-304. Manufacturer's and dealer's register; inspection of stock
§ 18.2-306. Search warrants for "sawed-off" shotguns and rifles; confiscation and destruction
§ 18.2-307. Short title of article
§ 18.2-308. Carrying concealed weapons; exceptions; penalty
§ 18.2-308.01. Carrying a concealed handgun with a permit
§ 18.2-308.02. Application for a concealed handgun permit; Virginia resident or domiciliary
§ 18.2-308.03. Fees for concealed handgun permits
§ 18.2-308.04. Processing of the application and issuance of a concealed handgun permit
§ 18.2-308.05. Issuance of a de facto permit
§ 18.2-308.06. Nonresident concealed handgun permits
§ 18.2-308.07. Entry of information into the Virginia Criminal Information Network
§ 18.2-308.08. Denial of a concealed handgun permit; appeal
§ 18.2-308.09. Disqualifications for a concealed handgun permit
§ 18.2-308.010. Renewal of concealed handgun permit
§ 18.2-308.011. Replacement permits
§ 18.2-308.012. Prohibited conduct
§ 18.2-308.013. Suspension or revocation of permit
§ 18.2-308.015. Inclusion of Supreme Court website on application
§ 18.2-308.016. Retired law-enforcement officers; carrying a concealed handgun
§ 18.2-308.2:01. Possession or transportation of certain firearms by certain persons
§ 18.2-308.2:1. Prohibiting the selling, etc., of firearms to certain persons; penalties
§ 18.2-308.2:4. Firearm verification check; penalty
§ 18.2-308.2:5. Criminal history record information check required to sell firearm; penalty
§ 18.2-308.4. Possession of firearms while in possession of certain substances
§ 18.2-308.5. Manufacture, import, sale, transfer or possession of plastic firearm prohibited
§ 18.2-308.8. Importation, sale, possession or transfer of Striker 12's prohibited; penalty
§ 18.2-309. Furnishing certain weapons to minors; penalty
§ 18.2-311. Prohibiting the selling or having in possession blackjacks, etc.
§ 18.2-311.1. Removing, altering, etc., serial number or other identification on firearm
§ 18.2-311.2. Third conviction of firearm offenses; penalty
§ 18.2-312. Illegal use of tear gas, phosgene and other gases
§ 18.2-313. Handling or using snakes so as to endanger human life or health
§ 18.2-313.1. Withholding information about possibly rabid animal; penalty
§ 18.2-313.2. Introduction of snakehead fish or zebra mussel; penalty
§ 18.2-314. Failing to secure medical attention for injured child
§ 18.2-316. Duty of persons causing well or pit to be dug to fill it before abandonment
§ 18.2-317. Covers to be kept on certain wells
§ 18.2-318. Authority of counties, cities and towns to require and regulate well covers
§ 18.2-319. Discarding or abandoning iceboxes, etc.; precautions required
§ 18.2-320. Sale, etc., of plastic bags; warning required
§ 18.2-321. Using X ray, fluoroscope, etc., in the fitting of footwear
§ 18.2-322. Expectorating in public places
§ 18.2-323. Leaving disabled or dead animal in road, or allowing dead animal to remain unburied
§ 18.2-323.01. Prohibition against disposal of dead body; penalty
§ 18.2-323.02. Prohibition against concealment of dead body; penalty
§ 18.2-324. Throwing or depositing certain substances upon highway; removal of such substances
§ 18.2-324.2. Use of unmanned aircraft system for certain purposes; penalty