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