Breath, Blood & Urine Testing

What if my two breath samples didn't match?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
Florida requires two samples within a defined agreement range. Results outside it, or a missing second sample, raise real questions — and an incomplete test can be treated as a refusal.

The two-sample requirement exists as a reliability check. Two readings that agree closely suggest the instrument is measuring something real. Two that diverge suggest something interfered.

Where the samples fall outside the acceptable range, the analysis turns to why. Mouth alcohol from a burp during the sequence. An instrument issue. An improperly conducted observation period. The pattern of the divergence can point toward the explanation.

There's a second issue people don't anticipate. Providing one adequate sample and then not providing a second — because of a medical condition, because the person doesn't blow hard enough, or because they stop cooperating — can be treated as a refusal. That now carries criminal exposure, not just a suspension.

If you have asthma, COPD, or another respiratory condition, that's relevant to whether an incomplete test reflects refusal or inability.

If breathing is difficult for you, that fact belongs in front of your lawyer immediately. ---

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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.