Vermont § 1203a - Independent chemical test; blood tests

§ 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.)