Intoxilyzer Not Properly Maintained? Florida DUI Cases at Risk

Avvo Rating 10 / Rocky West Brancato - Badge

National College for DUI Defense - Badge

Florida Association of Criminal Defense Lawyers - Badge

County Association of Criminal Defense - Badge

Intoxilyzer Not Properly Maintained: Florida Court Throws Out Breath Test Results

Brancato Law Firm, P.A.

September 2, 2025

Tweet Share Share

Why Breath Test Machine Maintenance Matters

When police arrest someone for DUI in Florida, prosecutors often rely on the Intoxilyzer 8000. If the Intoxilyzer is not properly maintained, however, its results can be excluded. That can mean the difference between a conviction and a dismissal.

The Case of Unauthorized Intoxilyzer Repair

In State v. Kilburn, Marano, and Depauw, the Florida Second District Court of Appeal upheld a trial court ruling that threw out Intoxilyzer 8000 results. Judges found the machine underwent an unauthorized repair. FDLE inspectors replaced the breath tube even though only the manufacturer or an approved repair facility may do so.

Because the repair violated Florida’s rules, the court concluded the machine was not properly maintained. As a result, prosecutors lost the ability to use those results in court.

How This Helps DUI Defendants in Tampa Bay

Breath test results carry legal weight only if the State proves the machine was handled according to strict procedures. If the Intoxilyzer was not properly maintained, the presumption of accuracy disappears. That gives defense attorneys a strong basis to challenge the evidence.

At The Brancato Law Firm, P.A., we examine every detail of DUI cases. Attorney Rocky Brancato, with over 25 years of courtroom experience and has handled countless DUI

Take Action Now

A DUI arrest feels overwhelming, but you may have defenses. If the Intoxilyzer is not properly maintained, its results cannot be trusted.

Call The Brancato Law Firm, P.A. today at (813) 727-7159 to schedule a confidential consultation.

What Our Clients Are Saying

Rocky Brancato was able to provide me with legal help that I didn't even imagine was possible. Because of his experience and knowledge he got me life changing results and that is no exaggeration. Rocky has an in depth knowledge of his field, decades of experience, and...

E. M.

Mr. Brancato deserves five stars from day one. He went over and beyond for me. He doesnt just handle small cases I was facing a trafficking fentanyl charge for something that I didnt do and Mr. Brancato got all of my charges dropped. He is a great attorney. He answered...

Andrea M

Rocky was exceptional at providing legal advice and was taking proactive steps throughout the process to assist in my legal matters. Fantastic service and results.

Javier L.

ROCKY IS GREAT HE DID IT TWICE FOR MY FIANCÉ

Mantha W.

I would recommend Mr. Brancato to absolutely anybody. I have been fighting this specific case for about 4 years now and he was able to set time aside to accommodate and was able to get the charges dismissed in less than a WEEK. I can’t thank him enough, and anybody in...

Kellz C.

The rare lawyer with a heart Mr. Brancato not only proved his legal acumen, but he did so with genuine empathy and caring. I felt he was personally invested in my success, and acted above and beyond my expectations. He kept me informed all steps of the process, and was...

Mark my words, THIS IS THE BEST LAWYER I’ve ever had the chance to meet and it’s been a pleasure and a major blessing to have him, i had a very difficult case but in less then 5 business day he took the weight of a planet off my shoulders . He goes above and beyond and...

Yian V.

Great attorney ! Handled client with care and answered all concerns! Thank you so much !!! A Hard worker is this guy! Thank You for all you did for my fiancé!

Kailyn B.