The Florida Department of Law Enforcement has laid out regulations that departments must follow when administering and maintaining breath-testing equipment such as the Intoxilyzer 8000. These regulations prescribe how and when a test should be administered, how the machine has to be calibrated, maintained and examined and what certifications a breath-test operator must possess in order to do this.
It is critical and downright mandatory that any defense attorney examine, challenge and research the reliability and accuracy of any breath testing machine used in your case. The prosecutor relies on breath testing results to prove your guilt in court. An experienced DUI defense attorney will carefully examine the machine and procedures used to maintain and administer tests pursuant to FDLE’s rules and regulations to make sure that it was working properly. Failing to abide by FDLE regulations can lead to the breath test results being suppressed and not being used against you in court.