JACKSONVILLE, Fla. — A $1 piece of rubber could potentially unravel thousands of DUI cases across Florida and hundreds in Jacksonville.
Action News Jax’s Ben Becker has learned a landmark legal battle in Duval County this week may have handed one driver a major victory and put the integrity of breathalyzer testing in Florida under scrutiny.
>>> STREAM ACTION NEWS JAX LIVE <<<
DUI arrest leads to legal challenge
In 2025, Sergio Rosario Cruz Lopez was arrested for DUI on Beach Boulevard and failed a breathalyzer test.
Jacksonville Attorney David Robbins’ law firm represents Cruz Lopez.
“This is not a blank check for people to drink too much and drive,” Robbins said. “This technology goes back to when Apple [iPhone] 5 was introduced in this country, it’s way outdated.”
The O-Ring at the center of the case
Inside the breathalyzer machine called the Intoxilyzer 8000 that is used by law enforcement agencies throughout Florida and the country, sits a small component: a basic rubber O-ring,
According to testimony in court, the Florida Department of Law Enforcement admitted that it only replaces four out of the five O-rings when it performs what it considers annual maintenance - one inside and four outside.
[SIGN UP: Action News Jax Daily Headlines Newsletter]
Also, the Jacksonville Sheriff’s Office conceded it replaced O-rings, but never kept records when O-rings were replaced and disclosed it could impact the machine’s accuracy.
The state acknowledged that neither FDLE nor JSO were authorized repair facilities.
Robbins successfully argued to a three-judge panel that replacing the O-rings is considered a repair and it constituted an unauthorized fix under state guidelines, which require repairs to go to authorized third-party facilities.
[DOWNLOAD: Free Action News Jax app for alerts as news breaks]
“Does anyone have their oil replaced in their car and only replaces 80%? No, it doesn’t work that way,” he said.
The legal argument could have implications far beyond Lopez’s case since this case covers all the machines in Florida versus previous Intoxilyzer 8000 lawsuits that only pertained to individual machines.
According to the Ticket Clinic, Florida averages nearly 45,000 DUI arrests per year. The state said there are more than 400 alcohol-related deaths annually.
What happens to DUI cases?
Action News Jax reached out to FDLE, JSO, and the State Attorney’s Office regarding the ruling and its potential impact but have not heard back.
For Robbins, the issue goes beyond one DUI case.
“The hard part about this is that people’s lives are changed based on the accuracy of breath machines,” Robbins said. “Prosecutors, judges, and police rely on these to put people in jail. Your job is affected, your family is affected, your whole life can be affected by a breath machine result that is inaccurate and violates the rules of the agency.”
A breath test being thrown out does not mean a DUI case is over
Just because breath tests could be thrown out does not mean a person accused of driving under the influence can automatically walk free.
Prosecutors can still use other evidence, including field sobriety tests, body camera video, and physical evidence.
Click here to download the free Action News Jax news and weather apps, click here to download the Action News Jax Now app for your smart TV and click here to stream Action News Jax live.