DUI Tampa Attorney Florida Defense Lawyer 813-222-2220

Tampa DUI Lawyer W.F. Casey Ebsary, Jr. reports that a court recently found that inspection and maintenance of the Intoxilyzer 8000 breath testing machine, specifically replacement of the dry gas regulator was not maintenance but in fact constitutes a repair. Once repaired, the Intoxilyzer 8000 must be inspected by the Florida Department of Law Enforcement - FDLE before machine is returned to evidentiary use.

Court ruled that breath tests administered after repair without post-repair FDLE inspection do not substantially comply with administrative rules and are not admitted into evidence at trial. Examination of all the supporting documents in a breath case is now mission-critical. Most machine records and data are available pursuant to Florida's Public Record law, Chapter 119.

Tampa DUI Breath Machine Maintenance

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