Category: Evidence · Statute: F.S. 316.1932 · Source: Florida Legislature
Understanding Breathalyzer Test (Intoxilyzer) in Florida
In Florida, when a driver is arrested under suspicion of Driving Under the Influence (DUI), law enforcement officers measure breath-alcohol concentration (BAC) using a specific evidentiary instrument: the Intoxilyzer 8000. Under Florida Statute Section 316.1932, also known as the state's implied consent law, any person who accepts the privilege of driving in Florida is deemed to have given their consent to submit to an approved breath test if they are lawfully arrested for DUI. This breath test is not the hand-held device sometimes used at the roadside during a traffic stop; rather, it is a highly regulated desktop machine typically housed at a police station or mobile testing unit.
For the results of an Intoxilyzer 8000 test to be admissible as evidence in a Florida court, the state must strictly adhere to administrative rules governed by the Florida Department of Law Enforcement (FDLE). This includes proving that the specific machine was properly registered, regularly calibrated, and maintained according to state standards. Additionally, the test must be administered by a certified breath test operator who observed the driver continuously for at least 20 minutes prior to the test to ensure no oral intake occurred, which could otherwise skew the BAC reading.
How Breath Test Results Impact Bail and Pretrial Release
Under Florida Statute Section 316.193(9), a person arrested for DUI cannot be released on bail or recognizance until their breath-alcohol level is below 0.05, or until eight hours have passed since the time of their arrest. Consequently, the specific BAC reading registered by the Intoxilyzer 8000 directly dictates the minimum duration of a defendant's initial detention before they can utilize a bail bond service to secure their release from jail.