HOA Vuong, Mark Pebley, Robert McKenna v. Florida Department of Law Enforcement

The instant appeal arises from a chapter 120 rule challenge to Florida Administrative Code Rules governing the Florida Department of Law Enforcement’s approval and oversight of breath test instruments. Appellants contended that the rules constitute an invalid exercise of delegated legislative authority. The administrative law judge (ALJ) rejected appellants’ arguments. We affirm.

Appellants are individuals charged with DUI after submitting to a breath test on the Intoxilyzer 8000 breath instrument. Appellants submitted to a breath test pursuant to Florida’s implied consent law. The implied…