🧪 Breath Testing in Florida DUI Cases: What You Need to Know
If you’ve been arrested for DUI in Florida, the arresting officer almost always asks you to submit to a breath test. But agreeing to a breathalyzer—or refusing one—can have major consequences. Understanding Florida’s breath testing procedures, your rights under Implied Consent, and how to defend against these results is critical.
🚨 Refusing a Breath Test in Florida: Know the Penalties
When you’re arrested, the officer may first ask if you’ll submit to a breath test. If you refuse, the officer is legally required to read you Florida’s Implied Consent warning.
❗ Consequences for Refusing:
- First refusal: 1-year license suspension
- Second refusal: 18-month suspension + new misdemeanor charge
- Refusals are often used against you in court
If you agree to the breath test after either request, you’ll be taken to a breath testing facility or tested on-site using Florida’s official machine: the Intoxilyzer 8000.
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⚙️ How the Intoxilyzer 8000 Works
Florida uses the Intoxilyzer 8000 to conduct breath tests. This machine works by:
- Emitting infrared light into your breath sample
- Measuring how much of that light is absorbed by ethyl alcohol
- Converting that data into a BAC (blood alcohol content) reading
✅ A BAC of 0.08% or higher is considered over the legal limit in Florida.
📊 DUI Stat: Over 40% of DUI arrests in Florida involve breath test refusal, and equipment challenges are among the most successful DUI defenses.
⏱️ 20-Minute Observation Requirement
Before testing begins, Florida law mandates a 20-minute observation period. During this time, the operator must confirm:
- No burping, vomiting, or regurgitation
- No mouth alcohol from items like mouthwash or mints
- No eating or drinking
⚠️ If this rule is broken, the test can be challenged and potentially thrown out.
🖥️ Step-by-Step: Intoxilyzer 8000 Operation
Breath tests are governed by strict rules—starting with Form 37, which outlines every operational step, including:
- Confirming calibration dates
- Performing air blanks and control tests
- Administering two valid breath samples
- Ensuring a difference of ≤ 0.020 g/210L between samples
- Taking a third sample if results don’t match
Each sample must meet Florida Department of Law Enforcement (FDLE) standards, and any error in this process may be grounds for suppression.
🛠️ How Often Are Breath Test Devices Inspected?
To stay compliant:
- Law enforcement agencies inspect machines monthly
- The FDLE performs annual inspections
If your breath test was conducted on a machine that was out of spec, your results may be inadmissible.
🛡️ Defending Against Breath Test Evidence
Although breath test results are often the most persuasive evidence in court, they are not infallible. Common breath test defenses include:
- ❌ Failure to follow the 20-minute observation rule
- ❌ Machine malfunction or poor calibration
- ❌ Operator not certified to administer the test
- ❌ Mouth alcohol skewing results
- ❌ Failure to comply with Form 37 protocol
- ❌ Improper Implied Consent advisement
With the right DUI defense strategy, your attorney may suppress the test results entirely—or weaken the prosecution’s case enough to reduce the charge.
📞 Arrested for DUI in South Florida? Get Legal Help Now
If you were arrested and submitted to a breath test in Fort Lauderdale, Broward, Palm Beach, or Miami-Dade, don’t face the legal system alone.
At Michael White, P.A., we’ve helped countless clients challenge DUI breath tests—and win.
✅ Former prosecutor
✅ Aggressive DUI defense
✅ Free consultations for DUI and breath test cases
📲 Call (954) 270-0769 or schedule your consultation online today.
💬 Frequently Asked Questions: DUI Breath Tests in Florida
Q1: What happens if I refuse a breath test in Florida?
A: If you refuse a breath test, your license is automatically suspended for 1 year on a first offense and 18 months with an additional misdemeanor charge for a second refusal. Police must read the Implied Consent warning before applying these penalties.
Q2: How accurate is the Intoxilyzer 8000 in DUI cases?
A: The Intoxilyzer 8000 is considered scientifically valid, but it’s not infallible. Calibration issues, operator error, mouth alcohol, and environmental conditions can all result in inaccurate readings.
Q3: What is the 20-minute observation rule?
A: Florida law requires that you be observed for 20 minutes before a breath test to ensure you don’t burp, vomit, or introduce anything that could cause false results. Violations of this rule can be used to challenge the test in court.
Q4: Can breath test results be thrown out in court?
A: Yes. Breath test results can be suppressed if the machine was not properly maintained, the operator was unqualified, or the testing procedure wasn’t followed exactly.
Q5: How often are Florida breathalyzer machines inspected?
A: Breath test machines must be inspected monthly by the agency using them and annually by the Florida Department of Law Enforcement (FDLE). Lack of compliance may invalidate results.
