FAQ

 

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  • What should I do if the DUI kit I have is past the “vacuum not guaranteed after” date?

  • The Department approves the use of other gray top, vacuum blood vials containing potassium oxalate and sodium fluoride that are of similar volume to those provided in the kit and within the expiration date printed on the vial.
  • I submitted a DUI kit, but I did not receive a Certificate of Analysis. Why?

  • In implied consent DUI/D cases, the Certificate of Analysis is sent to the clerk of the court in which the charge will be heard to comply with the Code of Virginia 18.2-268.7.
  • Who do I contact to get more DUI kits?

  • Please visit out Forensic Kits page.
  • What type of evidence should be submitted in a non-implied consent case?

  • For non-implied consent DUI/DUID, a DUI/DUID Blood Specimen Collection Kit may be used, but is not required. For all other types of cases, the type of evidence that should be collected will depend on how much time has elapsed between the event and the sample collection.  If the event (e.g., sexual assault) occurred within the last 12 hours, collect blood.  If the event occurred more than 12 hours ago, collect blood and urine.  Drugs may be detectable in urine for longer than in blood, but urine results generally cannot be used as evidence of drug impairment, merely drug use.
  • How long will it take for the report to be completed?

  • The turnaround time for a toxicology case will depend on the requested examination(s) and complexity of the case.
  • Do I need to submit an RFLE with my DUI case?

  • Yes, if the evidence is from a non-implied consent case or is being brought to the laboratory in-person.  An RFLE is not required for mailed-in DUI/D evidence collected in an implied consent case.
  • What does it mean when the report indicates that no drugs were detected?

  • There are no all-inclusive drug tests. Only specific drugs or drug categories may be addressed by any test or series of tests. When the toxicology report indicates that no drugs were detected, this merely indicates that none in the specific categories mentioned were found at or above detection limits. Lower drug concentrations cannot be excluded. Further, it does not exclude the presence of drugs in categories not tested.
  • How do implied consent DUI/DUID submissions differ from non-implied consent DUI/DUID submissions?

  • Please find below information regarding the submission and handling of non-implied consent DUI/DUID cases (and how they differ from implied consent cases):  
    Non-Implied Consent DUI/DUID Implied Consent DUI/DUID
    Evidence Collection May use DUI/DUID Blood Specimen Collection Kit Must use DUI/DUID Blood Specimen Collection Kit
    Request for Laboratory Examination form (RFLE) Must be submitted with the kit/blood vial(s) indicating suspected intoxicant(s) (alcohol or specific drugs) Not required
    Evidence Container Labelling “Non-Implied Consent Case” should be noted on the outside of the DUI/DUID Blood Specimen Collection Kit.  This notation will prompt staff to look for the RFLE and handle the Kit as a regular evidence submission No additional notation required
    Evidence Submission May be mailed or hand delivered DFS prefers Implied Consent kits to be mailed
    Certificate of Blood Withdrawal (CBW) CBW will remain with evidence and not be affixed to Certificate of Analysis Original will be affixed to Certificate of Analysis
    Certificate of Analysis Certificate of Analysis will be mailed to the submitting or arresting officer Certificate of Analysis will be mailed to the clerk of the court
    Evidence Return/Destruction DUI/DUID Blood Specimen Collection Kit/blood vial(s) will be returned to the submitting or arresting officer, as with other evidence submissions.  Law enforcement agencies should consider refrigerating this evidence upon its return. DFS is required to retain the remainder of the blood for at least 90 days before destroying it. During that time, the accused has the ability to request an order directing DFS to transmit the remainder of the blood to an independent laboratory for analysis.