Although police and prosecutors in Florida frequently rely on the results of roadside breath test devices in court, we have frequently discussed how such devices do not always provide an accurate gauge of whether a driver is legally intoxicated. For example, the Intoxilyzer 8000, the device used by law enforcement in Florida, has received a great deal of scrutiny by courts due to their apparent malfunctioning.
Another potential problem with breath tests is that their results can be skewed by the presence of another, non-alcoholic substance. That is what happened to the son of legendary NFL player and coach Mike Ditka when the judge in his DUI trial threw out evidence prosecutor sought to include of his breath test. The judge determined that the blood-alcohol level allegedly measured by the device could not be reliable because the defendant had flavored chewing tobacco in his mouth at the time.







