Last updated November 2025
Breath test results are often the centerpiece of the State’s DUI case in Florida. But if those results were obtained illegally or without following the rules, they can be excluded from evidence through a motion to suppress.
Here’s how these motions work — and when breath test results get thrown out.
📜 What Is a Motion to Suppress?
A motion to suppress asks the judge to exclude evidence obtained in violation of your rights. In DUI cases, that usually means challenging:
The legality of the traffic stop
Whether probable cause existed for arrest
Whether the implied consent warning was properly given
Whether the breath test machine was maintained and operated under Florida law
Under the Fourth Amendment and Florida Statute §901.15, police need probable cause for arrest. Without it, the evidence can be suppressed.
🚨 Common Reasons Breath Tests Get Thrown Out
🚗 Illegal stop: No lawful reason to pull you over
⚖️ Lack of probable cause: Arrested without sufficient evidence of impairment
📄 Implied consent violations: Officers failed to warn you of the consequences of refusal
🧪 Machine problems: Breathalyzer not calibrated or maintained as required by FDLE Rule 11D-8
🛑 Constitutional violations:Illegal search, seizure, or Miranda violations
🛡️ Why Suppression Motions Matter
Without breath test results, prosecutors may struggle to prove DUI beyond a reasonable doubt
Successful suppression can lead to dismissal or a reduction of charges
Even if suppression isn’t granted, the hearing itself can reveal weaknesses in the State’s case
🌟 How a Lawyer Helps
A Fort Lauderdale DUI lawyer can:
Review discovery for illegal stops or procedural errors
Subpoena FDLE maintenance and calibration records
File detailed motions citing constitutional and statutory violations
Cross-examine officers and inspectors during suppression hearings
📍 Arrested for DUI in Florida?
Don’t assume the breath test evidence seals your fate. A motion to suppress could throw it out and change everything.
👉 Contact an experienced Fort Lauderdale DUI lawyer today.
❓ FAQs: DUI Suppression Motions in Florida
❓⚖️ What is a motion to suppress in a Florida DUI?
It’s a legal motion asking the judge to exclude evidence obtained illegally, like an improper breath test.
❓🚗 Can a DUI stop be challenged in Florida?
Yes. If there was no lawful reason for the stop, all evidence may be suppressed.
❓🧪 What if the breathalyzer wasn’t calibrated?
Results may be inadmissible if FDLE calibration and maintenance standards weren’t followed.
❓📄 What happens if a motion to suppress is granted?
Key evidence is thrown out, which may lead to dismissal or reduced charges.
❓🛡️ Do I need a lawyer to file a motion to suppress?
Yes. These motions are technical, require legal authority, and must be argued in court.