Yesterday I attended Matthew Malhiot’s CLE Course in Tampa, FL, entitled “Intoxilyzer 8000 & Florida Software Version 8100.27 – Understanding the Instrument and Interpreting the Results.”
Matthew Malhiot is a forensic consulting and DUI expert who left FDLE to start his own consulting practice in Canton, Georgia, in late 2010. His company is called Forensic Alcohol Consulting & Training, LLC. He now testifies for DUI attorneys (both prosecutors and defense attorneys) across the country.
In the CLE course developed for criminal defense attorneys, Matthew Malhiot went through an explanation and review of the following topics:
- the various internal and external parts of the instrument;
- explanation of how it works;
- the menu options on the machine;
- the error messages generated by the Intoxilyzer 8000;
- the limitations of forensic breath analysis;
- the various rules for administering an agency and department inspection;
- running a breath test, and
- the FDLE’s alcohol testing program’s website and data.
Most of the information presented in the seminar was already available in other places, although it was helpful to have a refresher course on how the breath test machine works and its limitations. Some of the information I had not heard before. Overall, I would recommend the seminar if you need an overview of Florida’s Intoxilyzer 8000.
It was a small group of about 10 attorneys, so the attorneys were able to ask questions about issues they have in pending cases which was particularly helpful.
I decided to attend the course to get background information on FDLE and the problems within Florida’s alcohol testing program. Other things I learned by reading in between the lines:
- The term “conspiracy” is not the proper way to describe the fact that Laura Barfield, Matthew Malhiot, and Roger Skipper purposely failed to disclose the drilling of the hole in the Intoxilyzer 8000.
- After Matthew Malhiot left FDLE he eventually disclosed the drilling of the hole. He then began charging criminal defense attorneys to hire him to come back to Florida to explain what happened and its implications to judges throughout the State.
- Laura Barfield’s indiscretions that forced her to resign in disgrace were a result of “burn out.” Personally, I think it was just one example of the culture of corruption in FDLE’s alcohol testing program. I’m still confused by the fact that the program director’s misconduct was covered up by many people within the FDLE. It was only disclosed when a civilian obtained the evidence of lying, cheating and stealing through a public record request and demanded that FDLE take action. Even the investigation itself was hidden by FDLE while Laura Barfield traveled throughout the state testifying for prosecutors.
- Laura Barfield still hasn’t moved out of state so she is being subpoenaed by criminal defense attorneys and is still attending hearings to explain the misconduct. (Maybe she should start her own consulting practice and move out of state so she can get paid to come back and explain the problems as an expert).
If you want to learn more about the Intoxilyzer 8000 and Florida’s Software Version 8100.27, then attend the course. You never know when Matthew Malhiot might make another unexpected disclosure. You really just never know.
Leslie Sammis is a DUI attorney in Tampa, FL, who represents men and women charged with driving under the influence throughout Hillsborough County, FL. She has received advanced training on the Intoxilyzer 8000.