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Blood Testing In DUI Cases

Blood Tests in Virginia DUI Cases: Legal Procedures and Evidentiary Value

Introduction Blood tests are a critical element in Virginia DUI (Driving Under the Influence) cases for determining a driver's blood alcohol content (BAC) or presence of drugs. This article explores the legal framework, procedures, and implications of blood tests in Virginia DUI cases, referencing relevant statutes for a comprehensive understanding.

Role of Blood Tests in DUI Investigations

Determining BAC and Drug Presence Virginia law allows blood tests to determine BAC or the presence of drugs in a driver's system. This is particularly relevant under Virginia Code § 18.2-266, which prohibits driving under the influence of alcohol or drugs.

Legal Framework Governing Blood Tests

Statutory Authorization Under Virginia Code § 18.2-268.2, law enforcement officers are authorized to require blood tests for drivers suspected of DUI under certain circumstances, such as when a breath test is not possible or practical.

Implied Consent Law Virginia's implied consent law (Virginia Code § 18.2-268.2) stipulates that drivers have implicitly agreed to submit to a blood test if lawfully arrested for DUI.

Procedures for Blood Testing

Administering the Test Blood tests must be administered by qualified personnel in a medically approved manner. The collection of the blood sample should adhere to strict procedural guidelines to ensure the accuracy and integrity of the test results.

Chain of Custody and Laboratory Analysis Maintaining a proper chain of custody and conducting the analysis in a certified laboratory are crucial to ensure that the test results are admissible in court.

Refusal to Submit to Blood Testing

Penalties for Refusal Refusing a blood test when lawfully requested under the implied consent law can lead to penalties, including license suspension, as outlined in Virginia Code § 18.2-268.3.

Legal Implications of Refusal Refusal can be used as evidence in court, although it does not automatically lead to a DUI conviction.

Admissibility and Evidentiary Value of Blood Tests

Using Blood Test Results in Court Blood test results can be a key piece of evidence in DUI cases, often used to establish a driver's level of intoxication or impairment.

Challenging Blood Test Results The accuracy and handling of blood test results can be challenged in court. Defense strategies may question the testing procedure, the qualifications of the person who drew the blood, or the handling of the sample. If you are charged with a DUI case involving blood, contact Mr. R. Tyler Bezilla today for a free consultation.


  1. Under what circumstances can a blood test be required in a Virginia DUI case? Blood tests are typically required when a breath test is not possible or when drug use is suspected.

  2. What are the consequences of refusing a blood test in Virginia? Refusal can lead to license suspension and can be used as evidence in a DUI case.

  3. How accurate are blood tests in determining BAC or drug presence? Blood tests are generally considered accurate, but their administration and analysis must adhere to strict standards.

  4. Can I challenge the results of a blood test in court? Yes, the results can be challenged on grounds such as improper procedure or handling of the sample.

  5. Are there any alternatives to blood tests in DUI investigations? Breath tests are commonly used, but blood tests are often necessary for more accurate or comprehensive analysis, especially in cases of suspected drug use.


Blood tests play a vital role in Virginia DUI cases, providing conclusive evidence of a driver's intoxication or impairment. Understanding the legal procedures, implications of refusal, and the evidentiary value of blood tests is essential for anyone involved in a DUI case in Virginia.

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