Motion In Limine

The State of Florida closely regulates breath analysis instruments used in determining the breath alcohol concentration of a person charged with an alcohol-related driving offense through the implied consent program set forth in Chapter 11D-8 of the Florida Administrative Code. The Code defines Agency Inspection as “the periodic testing of the calibration and operation of a breath test instrument, including all required preventive maintenance, in accordance with Rule 11D -8.006, F.A.C., and performed by a person authorized by the Department. Fl Admin Code,11D-8.002 (5). 11D-8.006 is entitled Agency Inspection of Breath Test Instruments. Subsection (1) states “(E)videntiary breath test instruments shall be inspected by an agency inspector at least once each calendar month. The agency inspection shall be conducted in accordance with Agency Inspection Procedures…-Intoxilyzer 8000 FDLE/ATP Form 39- Rev. August 2005 for the Intoxilyzer 8000… The Hillsborough County Sheriff’s Office administered a breath alcohol test to the Defendant following his arrest on August 4, 2006. The test measured his breath alcohol concentration on an Intoxilyzer 8000, instrument serial number 80-000808 that showed readings of .152 and .153. A defendant may attack the reliability of the testing procedures in DUI cases where the results of tests taken pursuant to the implied consent law are sought to be proffered into evidence. State v. Bender, 382 So. 2d 697 (Fla. 1980).