§ 1203a. Independent chemical test; blood tests

(a) A person tested has the right at the person’s own expense to have someone of the person’s own choosing administer a chemical test or tests in addition to any administered at the direction of the law enforcement officer under section 1203 of this title. The failure or inability to obtain an additional test or tests by a person shall not preclude the admission in evidence of the test taken at the direction of an enforcement officer unless the additional test was prevented or denied by the enforcement officer.

(b) Arrangements for a blood test shall be made by the person submitting to the evidentiary breath or saliva test, by the person’s attorney, or by some other person acting on the person’s behalf unless the person is detained in custody after administration of the evidentiary test and upon completion of processing, in which case the law enforcement officer having custody of the person shall make arrangements for administration of the blood test upon demand but at the person’s own expense.

(c) If after reasonable efforts the person is unable to arrange transportation necessary to obtain the blood test upon completion of processing, the law enforcement officer shall provide or arrange transportation to a facility available to administer the test unless, for good cause, the officer is unable to do so. This subsection shall only apply if the person was tested with an infrared testing device.

(d) The physician, licensed nurse, medical technician, physician assistant, medical technologist, or laboratory assistant drawing a sample of blood shall use a sample collection kit provided by the Department of Public Safety or another type of collection kit. The sample shall be identified as to donor, date, and time; sealed; and mailed to the Department of Public Safety where it shall be held for a period of at least 45 days from the date the sample was taken. At any time during that period, the person may direct that the sample be sent to an independent laboratory of the person’s choosing for an independent analysis. The Department of Public Safety may recover its costs of supplies, handling, and storage.

(e) The person requesting the sample is responsible for the costs of transportation, drawing the sample, and subsequent analysis. If the facility where the sample is drawn is unable to obtain payment from the person at the time the sample is drawn or within a reasonable time thereafter, the facility shall be entitled to reimbursement from the Office of the Defender General. The Office of the Defender General may recoup those costs and the court may impose conditions of release or probation for that purpose.

(f) The facility, physician, licensed nurse, medical technician, physician assistant, medical technologist, or laboratory assistant drawing blood shall in no manner be liable in any civil or criminal action except for negligence in drawing the blood. (Added 1991, No. 57, § 3, eff. July 4, 1991; amended 2011, No. 56, § 15, eff. March 1, 2012; 2013, No. 34, § 30a; 2019, No. 164 (Adj. Sess.), § 25, eff. Jan. 1, 2022; 2021, No. 20, § 241.)