If you are facing DUI charges in the Tampa Bay area, two critical issues will define your case: strict compliance with Florida’s DUI laws and your ability to fully understand your rights and options. Recent court rulings in Florida highlight just how important it is to have an experienced Tampa DUI lawyer on your side. Even small procedural errors by law enforcement can change the outcome of your case in Hillsborough County.
Florida Appeals Court Reinforces Strict DUI Procedures (Why Your Tampa DUI Lawyer Must Know Them)
In a recent opinion, the Florida Second District Court of Appeal emphasized that in DUI cases involving breath tests, every technical detail matters. The case involved challenges to the admissibility of Intoxilyzer 8000 breath test results. The central issue: whether the device was considered an “approved instrument” under Florida Statute § 316.1932(1)(a).
At issue was a broken breath tube that had been replaced by an FDLE inspector. The court carefully examined whether this replacement qualified as “maintenance” or a “repair.” Because the work counted as a repair—and was not done by an authorized repair facility—the breath test results were ruled inadmissible.
The takeaway? Breath test evidence in Tampa DUI cases is only valid if every legal and administrative protocol is followed to the letter. A skilled Tampa DUI attorney will know how to challenge improper procedures and protect your rights.
➡️ If you’re facing DUI charges in Tampa, contact our team today for a free case review.
10 Key DUI Questions Answered
The legal Blood Alcohol Content (BAC) limit is 0.08% for drivers over 21, 0.04% for commercial drivers, and 0.02% for drivers under 21. Importantly, you can still be charged with DUI even below these levels if your normal faculties are impaired, under Florida Statute § 316.193.
Penalties may include a fine of $500–$1,000, license suspension (6 months–1 year), probation, DUI school, and up to 6 months in jail. If your BAC is 0.15% or higher—or if a minor is in the car—the penalties increase.
Florida only recognizes DUI (Driving Under the Influence). The law applies to alcohol, illegal drugs, and prescription medications.
No. Field sobriety tests—such as the walk-and-turn or one-leg stand—are voluntary in Florida. A defense attorney can often challenge their reliability.
By driving in Florida, you consent to chemical testing if arrested for DUI. Refusing a breath test leads to an automatic license suspension—one year for a first refusal, 18 months plus a misdemeanor for a second refusal (Florida Statute § 316.1932).
Yes. Results can be disputed based on improper calibration, unauthorized repairs, officer error, or medical conditions.
The process includes an administrative license suspension, arraignment, pretrial hearings, and potentially a trial. A DUI lawyer can file motions, negotiate, or take the case to trial if needed.
Your BAC may rise after driving but before testing. This defense argues that you were under the legal limit while driving but registered above it later.
Yes. Florida’s DUI law applies to any vehicle or vessel—including scooters, bicycles, boats, and jet skis.
Absolutely. DUI law is complex, and the consequences are severe. A skilled Tampa DUI lawyer knows how to identify procedural errors, challenge evidence, and protect your future.
Why You Shouldn’t Face a Tampa DUI Alone
DUI charges in Tampa and Hillsborough County can impact your license, your record, and your future. From challenging the admissibility of breathalyzer evidence to defending against procedural missteps by law enforcement, having an experienced DUI attorney in Tampa is essential.
The recent Florida appellate ruling proves that even the smallest detail can determine the outcome of your case. Don’t risk navigating this process without an advocate who knows the law and the local courts.
About the Author: Learn more about my experience by reading about me here. As a board-certified criminal trial lawyer and dedicated Tampa DUI attorney, I have defended countless clients against DUI charges in the Tampa Bay area.
📞 Ready to fight your DUI charge? Contact us today for a confidential consultation.
📝 Case Summary: Florida Second District Court of Appeal – Intoxilyzer 8000 Repair and Breath Test Suppression
In a consolidated opinion, the Florida Second District Court of Appeal addressed whether breath test results from the Intoxilyzer 8000 could be admitted in DUI prosecutions after a broken breath tube was replaced on the device.
The key legal issue was whether the replacement constituted “maintenance” or a “repair” under Florida law and administrative code. The distinction is critical because only authorized repair facilities may perform repairs on breath-testing instruments under Florida Administrative Code Rule 11D-6.003(4). Maintenance, by contrast, may be performed by an FDLE inspector.
The court found that replacing the broken breath tube was a repair, not routine maintenance. Because this repair was not conducted by an authorized repair facility, the instrument was not in “substantial compliance” with statutory and regulatory requirements at the time of testing.
As a result, the appellate court upheld the trial court’s ruling that the breath test results were inadmissible in the defendants’ DUI cases. This decision underscores the importance of strict adherence to procedural and technical rules in DUI prosecutions.