How Failing to Follow Manufacturer's Guidlines Can Affect the Constitutionality of the Implied Consent Law ?
In State v. Bender, 382 So. 2d 697 (Fla. 1980), four defendants who were issued traffic citations filed motions challenging the constitutionality of the implied consent law and seeking to suppress the results of blood tests. See id. at 698.
The trial court agreed and ruled that the delegation of authority by the Legislature to the responsible state agencies, the Department of Health and Rehabilitative Services (HRS) and the Department of Highway Safety and Motor Vehicles (DHSMV), was unconstitutional in that it did not provide sufficient guidelines and standards. See id.
Additionally, the trial court ruled the defendants' due process and equal protection rights were violated because the agencies failed to "incorporate the procedures and methods of the manufacturers [of the testing equipment] for the maintenance and operation of the breathalyzers." Id.