Breath, Blood & Urine Testing

Can I get the maintenance records for the machine that tested me?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
Yes — through discovery in the criminal case, or through a public records request. Both work, and the sooner the better.

These are government records. Monthly agency inspection reports, annual department inspection reports, repair and service records, and the instrument's own stored data are all obtainable.

The direct route is discovery. Once your attorney files a demand, the State is obligated to produce what it has, and specific requests reach more than general ones — inspection reports for a named date range, repair history, the inspector's permit status, and the instrument's data for the relevant period.

A public records request to the agency or to FDLE also works and can be faster in some situations.

Timing matters more than people expect. These records take time to assemble, and building a suppression argument around them requires having them well before a hearing rather than the week of. In a case where the reading is the State's central evidence, this request should go out early.

Ask early. Reading a stack of forms is slow work, and it's where these cases are won. ---

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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.