Can DUI Breath Tests Be Challenged in Florida?
Breathalyzer results play a major role in many Florida DUI cases, but a breath test is not automatically reliable or unquestionable. Florida law imposes strict requirements on how breath tests must be administered, recorded, and presented in court.
When those requirements are not met, breath test results may be challenged — and in some cases, excluded.
How Breathalyzer Tests Are Used in Florida DUI Cases
Florida law allows the State to use breath test results to establish impairment under Florida Statute § 316.193. A breath-alcohol level of 0.08 or higher is considered prima facie evidence of impairment.
However, breath test results are only admissible if they comply with procedural and legal standards set by the Florida Department of Law Enforcement (FDLE).
FDLE Requirements for Valid Breath Tests
For a breathalyzer result to be used as evidence, Florida law requires that:
The testing method is approved by FDLE
The breath test is administered by a permitted individual
The equipment is properly maintained and inspected
Required procedures are followed during testing
Failure to comply with any of these requirements can undermine the reliability of the test.
DUI Breath Test Affidavits in Florida
Under Florida Statute § 316.1934(5), the State may introduce breath test results through a sworn affidavit rather than live testimony.
To serve as presumptive proof, the affidavit must disclose:
The type of test administered and procedures used
The time the breath sample was collected
The numerical alcohol concentration result
The permit status of the person administering the test
The date of the most recent maintenance or inspection of the breathalyzer
If the affidavit is incomplete or inaccurate, its evidentiary value may be challenged.
Common Ways DUI Breath Tests Are Challenged in Florida
Breath test results may be challenged for several reasons, including:
Improper Administration
Breath tests must follow strict protocols. Deviations — such as inadequate observation periods or improper instructions — may affect reliability.
Equipment Maintenance Issues
Breathalyzers require regular calibration and maintenance. Missing, outdated, or inaccurate maintenance records can raise questions about accuracy.
Operator Certification Problems
Only individuals with valid FDLE permits may administer breath tests. Expired or improper certification can undermine admissibility.
Timing Issues
Delays between driving and testing can impact results, especially where alcohol absorption was ongoing.
Medical or Physical Factors
Certain medical conditions, medications, or physical issues may affect breath test readings.
Right to Subpoena the Breath Test Administrator
Although affidavits allow breath test results to be introduced without live testimony, defendants retain the right to subpoena:
The officer or technician who administered the test
Individuals responsible for equipment maintenance
Records custodians
Cross-examination allows the defense to explore procedural errors, training issues, and equipment reliability.
Breath Test Results Are Evidence — Not a Conviction
A breathalyzer reading does not automatically result in a DUI conviction. The State must still prove:
Lawful stop and arrest
Proper administration of the test
Compliance with FDLE rules
Impairment beyond a reasonable doubt
Breath test evidence is only one part of the prosecution’s case.
Why Challenging Breath Tests Matters
Breathalyzer results often shape:
Charging decisions
Plea negotiations
Sentencing exposure
License consequences
Identifying weaknesses in breath test evidence early can significantly affect the outcome of a DUI case.
FAQS:
Q: Can breathalyzer results be thrown out in Florida?
A: Breathalyzer results may be challenged or excluded if FDLE rules were not followed or the testing process was flawed.
Q: Are breath tests always accurate in DUI cases?
A: No. Breath test accuracy depends on proper administration, equipment maintenance, and operator certification.
Q: Can I subpoena the officer who administered the breath test?
A: Yes. Florida law allows defendants to subpoena and cross-examine the test administrator.
Speak With a Florida DUI Attorney
DUI breath tests involve technical rules and strict procedures. A careful legal review of testing methods, affidavits, and records is essential to determine whether breath test evidence can be challenged.
If you are facing a DUI charge in Florida, consulting with an attorney experienced in DUI defense can help protect your rights and evaluate the strength of the evidence against you.
Attorney Amy Pietrowski