Breath, Blood & Urine Testing

What is the breath test instrument and how often is it inspected?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
An evidentiary breath instrument regulated by FDLE, inspected by an agency inspector at least once each calendar month, plus an annual department inspection.

FDLE runs Florida's Implied Consent Program and sets the rules for evidentiary breath testing in Chapter 11D-8 of the Administrative Code.

The inspection schedule has three layers. An agency inspector inspects the instrument at least once each calendar month — worth noting that the rule counts calendar months rather than thirty-day intervals, which changes how you count a gap. A department inspector conducts an annual inspection. And additional agency inspections are required when an instrument is taken out of evidentiary use, before it's returned to service, and after it comes back from a repair facility.

Repairs are restricted. Only the manufacturer or an authorized repair facility may perform them, and cases have turned on agency personnel doing work they weren't permitted to do.

All of it generates paper. Inspection reports, repair records, and the instrument's own data are documents that can be obtained and compared.

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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.