How Long do the Police Keep the Blood Samples for a DWI Case?

In Virginia, if you’re arrested for a DUI or DWI, the police can draw your blood under certain circumstances. If they do draw blood, the blood samples are sent to the Department of Forensic Science in Richmond for testing to see what substances you might be under the influence of. The question then becomes: what happens to those samples when the Department of Forensic Science has completed their analysis?

The Department of Forensic Science is required to keep the samples for at least 90 days from the date of the blood draw. That’s because you, the defendant, have the right to request an independent analysis of the blood sample. Basically, the Commonwealth gets to do their test, and then we can ask the court to order the Department of Forensic Science to send the remaining sample to an independent laboratory for further analysis. This could produce a contradictory result which could be very useful in fighting a DUI or DWI case.

Note that 90 days goes by quickly. Sometimes the Department of Forensic Science hasn’t even analyzed the blood within 90 days of the actual blood draw date, so we may need to file a motion for an independent analysis before the Department of Forensic Science has even completed their own analysis. This is but one more reason why you need to have an attorney on your DUI case, and you need to get an attorney as early as you can to meet critical deadlines right away.

If you are facing a Virginia DUI or DWI, you need to request a copy of my free book today so you can learn about other rights that you have and how to best handle your case.

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Andrew Flusche

My name is Andrew Flusche. I am a traffic and misdemeanor defense lawyer in Virginia. I limit my practice to traffic tickets and misdemeanor defense, so I know the ins and outs of these offenses. I literally wrote the book on reckless driving in Virginia which you can get on Amazon here or download for free here. I opened my practice in 2008 after earning my Juris Doctor degree from the University of Virginia School of Law. Since then, I have earned over 600 5-star reviews from happy clients on Google, Yelp, and Facebook. If you’ve been charged with a misdemeanor offense in Virginia, please don’t hesitate to contact me. Your initial consultation is always free, and you'll talk directly with me about the details of your case.

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