What happens to the evidence after analysis in an implied consent or search warrant DUI/D case where the DFS DUI/D kit is used?

DFS is required to retain the remainder of the blood for at least 90 days after the completion of analysis. 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. If no order has been received, DFS will destroy the remainder of the sample after the end of the 90-day period 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 will return the remainder of the blood sample, if not sent to an independent laboratory, to the investigating law enforcement agency.