- February 3, 2026
- DUI Blogs | Taracks & Associates
In Florida, a breath alcohol concentration (BAC) of 0.08 or higher is considered per se evidence of impairment under Florida Statute § 316.193. This means the prosecution uses that number alone to argue for a conviction. But this is not an automatic conviction. That number is a piece of scientific evidence, and it is only as reliable as the machine that produced it and the procedure used to get it.
Many people assume the Intoxilyzer 8000, the device used across Florida, is infallible. The truth is that it is subject to software glitches, improper maintenance, and even interference from your own body chemistry. A failed test does not always prove you were intoxicated; sometimes, it reveals a failure in the testing process itself.
Challenging the admissibility and reliability of that number is a cornerstone of a strong DUI defense. When we show a court that the evidence is unreliable, that number is suppressed, meaning it is kept out of court. This significantly weakens the prosecutor’s case and opens up possibilities for a better outcome.
If you are looking at a breath test result, feeling like your case is over before it has even started, it’s time for a different perspective. At Taracks & Associates, we handle difficult DUI litigation in Tampa. Call us to review the details of your case.
Key Takeaways for Challenging a DUI Breathalyzer Test
- A breathalyzer result is an estimate, not a direct measurement of blood alcohol. The machine uses a fixed mathematical formula that may not apply to your unique body chemistry, leading to inflated readings.
- Strict procedural rules must be followed for the test to be valid. If the police fail to conduct the required 20-minute observation period without interruption, the breath test result may be suppressed.
- Medical conditions and machine errors create false positives. Acid reflux, diabetes, and improper machine maintenance are all valid grounds to challenge the scientific reliability of the BAC number.
The Science of Indirect Measurement: Why Breath ≠ Blood
The Intoxilyzer 8000 does not measure the alcohol in your blood. It estimates it by measuring the alcohol particles in the air from deep within your lungs. It then uses a mathematical formula, a partition ratio, to convert that breath measurement into a blood alcohol figure.
The machine assumes everyone’s body converts breath alcohol to blood alcohol at the same fixed rate (2100:1). But human physiology isn’t one-size-fits-all. Factors like a higher-than-normal body temperature, your unique metabolism, or even your breathing patterns cause your personal partition ratio to differ from the machine’s programmed average. This may lead to an artificially inflated BAC reading.
We analyze every detail surrounding your test, including the time that passed between when you were driving and when you were tested. Our DUI attorneys job is to determine if the snapshot the machine took accurately reflects your actual condition when you were behind the wheel.
Procedural Compliance: Exploiting Violations of Florida Rule 11D-8
In Florida, the admissibility of a breath test result is entirely dependent on strict adherence to police procedures. A key safeguard is the 20-Minute Observation Rule, which is mandated by Florida Administrative Code Rule 11D-8. This rule is a fundamental safeguard for accuracy.
The rule requires the officer or breath test operator to continuously observe you for a full 20 minutes before you provide a breath sample. The purpose is to ensure you do not burp, regurgitate, or have any other mouth alcohol event that could contaminate the sample. Alcohol residue from the stomach skews the results, making them scientifically worthless.
Did the officer truly watch you for 20 uninterrupted minutes? Or were they busy filling out paperwork, looking at their phone, or stepping in and out of the room? In Tampa, we frequently request video from the breath testing room and officer body-worn cameras to verify compliance.
If we find a break in that observation—even for just a few seconds—we file a Motion to Suppress the breath test result. By demanding that the State prove they followed their own rules, we frequently get their key evidence thrown out before a jury ever sees it.
Physiological and Environmental False Positives
The Intoxilyzer 8000 is designed to detect ethyl alcohol, the kind found in alcoholic beverages. The problem is, it does not always distinguish this compound from other chemicals that might be on your breath for completely innocent reasons. You might be well under the legal limit, but a medical condition or environmental exposure causes the machine to register a high BAC.
Several common conditions lead to a false positive:
- GERD/Acid Reflux: If you suffer from Gastroesophageal Reflux Disease, stomach acid containing undigested alcohol travels up your esophagus.
- Diabetes & Ketosis: Individuals with diabetes or those on strict ketogenic diets produce acetone, which can be mistaken for ethyl alcohol.
- Industrial Exposure: Inhalation of solvents, paints, or chemicals can interfere with breathalyzer results.
Our firm works with forensic toxicologists to review your medical history and the specifics of your situation to see if a physiological issue is the real reason for the high BAC reading.
Auditing the Machine: Maintenance Logs and Calibration
The Intoxilyzer 8000 is a sophisticated piece of equipment that needs regular, documented maintenance to function correctly. Florida law requires every machine to undergo agency inspections and calibration checks to ensure it remains accurate.
We might subpoena the complete maintenance and inspection history for the specific device used in your arrest, identified by its serial number. We scrutinize these logs for red flags:
- Failed calibration checks
- Recurring error messages like Slope Not Met or Volume Not Met
- Use of the machine outside its mandatory inspection window
If a device has a history of uncorrected errors or was not properly certified, its presumption of reliability is lost. This shifts the burden back to the prosecution to prove the machine was working perfectly on the day you were tested.
FAQ for Breathalyzer Challenges in Tampa
Can I challenge a breath test if I blew way over the limit, like a 0.15?
Yes. A high number does not make the test more reliable. In fact, an extremely high reading is sometimes an indicator of mouth alcohol contamination from a condition like GERD. A contaminated sample is invalid regardless of what the final number says.
What if I tried to blow but the machine said “Volume Not Met”?
The police will almost always classify this as a refusal, leading to an automatic license suspension and, under the new law, a criminal charge. We might argue that this was not a willful refusal but was due to a medical inability, such as asthma or anxiety. Successfully making this argument protects you from the penalties of a refusal.
Does the breathalyzer video always exist?
It doesn’t always, but we file a legal demand for it immediately. In Hillsborough County, the failure of law enforcement to produce a video recording of the 20-minute observation period are strong grounds for a judge to suppress the breath test results.
How does a breath test challenge affect my DHSMV administrative hearing?
The hearing with the Department of Highway Safety and Motor Vehicles is separate from your criminal case, but the issues are related. This hearing is to determine if your license should be suspended. We argue that the officer did not follow FDLE rules or lacked the legal grounds to require a test in the first place, which results in you keeping your driving privileges.
Challenge the Evidence, Protect Your Future
Do not mistake a breathalyzer receipt for a guilty verdict. That number is the product of a fallible machine, operated by a human being, in a less-than-perfect environment.
If you have been charged with a DUI in the Tampa area, call Taracks & Associates for a strategy session. Let’s start building your defense today.