building an impaired driving case: from arrest to ...implied consent and search warrant blood draw...

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


Or, maybe


DFS-Provided Blood Kit

• May be used on implied consent and non-implied consent

cases


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


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


What NOT To Do After Taking Blood

• Turn your back on the suspect and blood


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


WHAT HAPPENS TO MY SAMPLE AT THE LAB


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


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


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


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


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


Elements of Successful DUI Case

• Poor Driving

• Driver observation and field sobriety tests

• Toxicology Certificate of Analysis

• Attorney

Driving

Observation/FST

Toxicology Attorney


Thank you!

Questions ??????


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