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Building an Impaired Driving Case: From Arrest to Prosecution:
Blood Testing
James Hutchings, Ph.D. Virginia Department of Forensic Science
© 2017 Virginia Department of Forensic Science
Why Take a Blood Sample?
• Suspicion of drug impairment instead of or in addition to alcohol
• Physically unable to perform breath test • Breath test unavailable • Hospital (accident) case • Refusal cases • Difficult subject
© 2017 Virginia Department of Forensic Science
Or, maybe
© 2017 Virginia Department of Forensic Science
DFS-Provided Blood Kit
• May be used on implied consent and non-implied consent
cases
© 2017 Virginia Department of Forensic Science
Blood Collection
• Collect enough blood to fill both tubes • Invert tubes several times to mix
anticoagulant and preservative • Place red vial seal OVER the gray stopper
• Failure to collect sufficient volume may
lead to incomplete testing
© 2017 Virginia Department of Forensic Science
Certificate of Blood Withdrawal (CBW) 1. Attach small part
of CBW to blood vial
2. Do not separate large label at perforation
3. Do not remove rear of large label exposing adhesive
4. Enter jurisdiction and court
© 2017 Virginia Department of Forensic Science
What NOT To Do After Taking Blood
• Turn your back on the suspect and blood
© 2017 Virginia Department of Forensic Science
© 2017 Virginia Department of Forensic Science
Implied Consent and Search Warrant Blood Draw
• Certificate of Analysis will be mailed directly to the court per §18.2-268.7
• Right to independent analysis
• Blood samples shall be destroyed 90 days after
completion of analysis
• Per se – Blood alcohol 0.08% – cocaine 0.02 mg/L – PCP 0.01 mg/L – methamphetamine 0.10 mg/L – MDMA 0.10 mg/L
© 2017 Virginia Department of Forensic Science
WHAT HAPPENS TO MY SAMPLE AT THE LAB
© 2017 Virginia Department of Forensic Science
Evidence Receipt • Toxicology staff evaluates evidence for
correct labeling and seals – Abnormalities will be documented in case
notes and on CoA, if applicable • A unique identification number is
assigned to the evidence
© 2017 Virginia Department of Forensic Science
DUI/D Testing
• Level 1: Blood Alcohol Content (BAC) • Level 2: ELISA Drug Screen
– Further testing may be pursued at the discretion of a toxicologist
– Case history can guide our decision • Brief statement of fact on the RFLE
© 2017 Virginia Department of Forensic Science
Level 1: Blood Alcohol Content
• Positive samples are analyzed twice, on separate days
• Two results are averaged and reported to 3 decimal places
• If BAC ≥ 0.100%, report will be issued • If BAC < 0.100%, proceed with Level 2
testing
© 2017 Virginia Department of Forensic Science
Level 2: ELISA Drug Screen
Confirm/quantitate presumptive positive screens in second, more specific analysis
If significant results, issue report If no significant results, may proceed to further screening by toxicologist
recommendation
Cocaine PCP (Angel Dust) Methadone Diphenhydramine/ Cyclobenzaprine
Opiates Barbiturates Fentanyl Dextromethorphan
Oxycodone Benzodiazepines Marijuana (THC)
Tramadol
Methamphetamine/ MDMA
Carisoprodol (Soma)
Zolpidem (Ambien)
Tricyclic Antidepressants
© 2017 Virginia Department of Forensic Science
Toxicology Certificate of Analysis • Includes the statutorily required language
from §18.2-268.7 • Includes delegation of authority language • Lists identity and concentration of common
impairing drugs and/or alcohol present when the blood was collected – DFS cannot test for all drugs and does not
include non-impairing drugs in driver testing
© 2017 Virginia Department of Forensic Science
Elements of Successful DUI Case
• Poor Driving
• Driver observation and field sobriety tests
• Toxicology Certificate of Analysis
• Attorney
Driving
Observation/FST
Toxicology Attorney
© 2017 Virginia Department of Forensic Science
Thank you!
Questions ??????
© 2017 Virginia Department of Forensic Science