Breath, Blood & Urine Testing

What are agency inspection records and why do they matter?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
They're the monthly paper trail proving the instrument was working. Gaps in that trail are one of the few defenses that turn on a document rather than an argument.

Every evidentiary breath instrument in Florida generates a monthly inspection report on a prescribed FDLE form, filled out by a permitted agency inspector.

Why these matter more than most evidence in a DUI case: they're contemporaneous, they were created by the State, and nobody wrote them with your case in mind. An officer's memory of the observation period is contestable. A missing inspection report for March is not.

What defense counsel looks for is straightforward — whether an inspection exists for every calendar month, whether the instrument was used during any gap, whether the inspector held a valid permit, whether the procedures on the form were actually followed, and whether the instrument left for repair and came back without the required re-inspection.

This isn't glamorous work. It's reading a stack of forms and counting. But it produces suppression far more reliably than cross-examining an officer about how impaired someone looked.

There's usually a document that settles it — the question is whether anyone's asked for it. ---

Talk to an Attorney — Free

An answer on a page isn't the same as advice about your case. Talk to an attorney who handles these matters on the Treasure Coast — free and confidential.

This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.