Breath, Blood & Urine Testing

Can they use my breath test if the machine wasn't calibrated?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
Possibly. Florida requires substantial compliance with the inspection rules, not perfect compliance — but real gaps in the record have kept results out.

The premise needs adjusting first. People imagine a single calibration certificate that either exists or doesn't. What actually exists is a maintenance history: monthly agency inspections, annual department inspections, and additional inspections whenever an instrument comes out of or goes back into evidentiary use.

Florida's standard is substantial compliance. Insubstantial differences between the approved procedure and what actually happened won't invalidate a result, which is why "the machine was off by a hair" arguments usually go nowhere.

But the State carries the burden of showing that substantial compliance. Where a required monthly inspection is missing entirely, where an instrument was used during a gap in the record, or where repairs were performed by someone not authorized to perform them, courts have excluded the results.

The difference between those two categories — a technicality and a genuine failure — is the whole analysis.

The records exist and they can be requested. That's where this question gets answered. ---

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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.