Florida Breathalyzer Evidence In A DUI Trial

To be allowed to tell the jury your breath tests results, the prosecution must first “lay a foundation” to support the introduction of the “numbers” that are to be considered by the jury. The prosecutor must establish that the machine was in good working order and that it had been used in the manner approved by the State.

In Florida, only one breath exhalation is mandated, and this faulty procedure (faulty because the result has not been repeated to show that the initial reading was a reliable reading) is “good enough for government work.”

The State’s failure to “lay a proper foundation” will result in the test results not being admitted into evidence, such a failure of proof of a key part of the DUI-DWI case can either end the case or render the remaining “proof” inadequate to support your conviction.