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.

What type of evidence should be submitted in cases involving other toxicology examinations?

  • For cases that are not related to DUI/D, 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.
  • DFS Toxicology will only accept human body fluids and tissues for analysis. Examples of items that are not accepted include, but are not limited to:
    • Contaminated bed sheets
    • Contaminated baby bottle contents (may be accepted for potential alcohol contamination)

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 of the drugs 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.

Do I need to submit an RFLE with my DUI/D case?

An RFLE is not required for implied consent or search warrant DUI/D cases where the blood samples were collected using the DFS kit and the kit is mailed to DFS. If the kit is delivered via a hand to hand transfer to a DFS Laboratory (i.e., in person), an RFLE is required to document the chain of custody.

There is a DUI/D Submission Information sheet provided in  newer kits that should be filled out and included with the submitted kit. If you have an older kit that does not contain the DUI/D Submission Information Sheet, you may access it here.

I submitted a DUI/D kit. Will I receive a Certificate of Analysis?

By statute, the original Certificate of Analysis in a DUI/D case is sent to the clerk of court. However, if laboratory personnel can identify the investigating/submitting officer, a copy of the Certificate of Analysis will be sent to that individual.  Note: this is a new procedure for cases submitted after March 16, 2017.