FLORIDA DUI CASES FACE CHALLENGE OVER BREATHALYZER MAINTENANCE
Jacksonville, FL - A dispute over maintenance of breath-testing machines used by Florida law enforcement could affect DUI cases involving Intoxilyzer 8000 results across the state.
The issue surfaced in the case of Sergio Rosario Cruz Lopez, who was arrested in 2025 after authorities alleged he drove under the influence on Beach Boulevard in Jacksonville.
Lopez failed a breath test administered using an Intoxilyzer 8000.
His defense challenged how the machines are maintained, focusing on rubber O-rings inside the equipment.
Court testimony showed the Florida Department of Law Enforcement replaces four of five O-rings during annual maintenance, leaving one internal O-ring unchanged.
The Jacksonville Sheriff's Office also acknowledged replacing O-rings without maintaining records documenting when the work occurred.
The state acknowledged that neither agency was an authorized repair facility.
Attorney David Robbins, whose firm represents Lopez, argued before a three-judge panel that replacing the O-rings constitutes a repair. Under state guidelines, repairs must be performed by authorized facilities.
The challenge could extend beyond a single breath-testing machine because it addresses maintenance practices involving Intoxilyzer 8000 devices used throughout Florida.
The potential impact does not mean DUI charges would automatically be dismissed if breath-test results are excluded.
Prosecutors may still present other evidence, including field sobriety exercises, body-camera footage, officer observations and physical evidence.
Florida records approximately 45,000 DUI arrests annually, according to the Ticket Clinic.
FDLE, the Jacksonville Sheriff's Office and the State Attorney's Office had not responded to requests for comment about the ruling and its potential statewide impact.
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