Category Archives: Florida DUI Breath Test

Suppressing the DUI Intoxilyzer 8000 Results for a Lack of Substantial Compliance

The goal for the attorney in a DUI case involving a breath test reading over .08 is getting the breath test result thrown out of evidence. In order to get the breath test results thrown out, the DUI defense attorney can file a motion to suppress the breath test reading when the machine used during […]

Florida’s FDLE Alcohol Testing Program – Don’t Follow the 11D-8 Rules? Rewrite the Rule. Repeat.

“Only sometimes when we pick and choose among the rules we discover later that we have set aside something precious in the process.” – Helen Simonson, Major Pettigrew’s Last Stand Matthew Malhiot recently wrote an article discussing how the Florida Alcohol Testing Program (ATP) violated Chapter 11D-8 F.A.C. rules when it failed to conduct department […]

Problems with Moving the Intoxilyzer 8000 By Common Carrier for Repairs

In a recent decision in State v. Drudy, 23 Fla. L. Weekly Supp. 477a (May 13, 2015), Judge Scott A. Farr, in Tampa, Hillsborough County, FL, found that the use of common carrier to transport the Intoxilyzer 8000 breathalyzer between the Central Breath Testing Facility at the Hillsborough County Sheriff’s Office and the repair facilities does not violate the administrative rules.

Watch Out for Falling Surge Protectors – More Problems with the Intoxilyzer 8000

When Florida purchased the Intoxilyzer 8000 it needed an easy way to show a jury that the machine worked. To do this, officials with the State of Florida worked with the manufacturer of the machine to designed a series of monthly tests. The monthly test is called the “Agency Inspection.” At trial the prosecutor admits […]

It’s Back – “Lawfulness of the DUI Arrest” Again an Issue at the DHSMV Administrative Review Hearing

After a DUI arrest in Florida the driver can request a formal or informal review hearing to contest the administrative suspension of the driver’s license. That administrative suspension can range from 6 months to 18 months. The hard suspension (no driving for any reason) that can range from 30 days to 18 months. The administrative […]

Status of Florida’s DUI “No Refusal” Policy at Sobriety Checkpoints / Roadblocks

    SB 1790 prohibited any state or local law enforcement agency from conducting a “no refusal” DUI checkpoint where a judge is present on site to issue a warrant for a blood alcohol test without the driver’s consent. On May 7, 2011, the Florida legislatures’ Senate Bill 1790 (SB 1790) died in the judiciary […]

Florida’s DUI Refusals: FDLE Covers Up Faulty Intoxilyzer 8000 Breathalyzers

What happens when you attempt to submit to the DUI breath test in Florida and the breath test operator tells you that you were not breathing hard enough? The arresting officer will count that as a “refusal.” The allegation that you refused to take the breath test carries with it additional penalties including a one […]

Volume Not Met (VNM) Flag on Florida’s Intoxilyzer 8000

Recently I’ve seen an unusually high number of cases in which someone blows into the Intoxilyzer 8000 after a DUI arrest here in Tampa, Hillsborough County, FL, with a “VNM” flag. In many of these cases, the person arrested for DUI will report that they tried to blow into the machine as hard as they […]

Florida DUI Attorney, Stuart Hyman, Negotiates Viewing CMI’s Source Code for the Intoxilyzer 8000

After a long bloody battle, Florida DUI Attorney, Stuart Hyman, has negotiated an agreement giving him and his experts access to the source code for two cases in Seminole County. The parties agreed that the Court could resolve certain outstanding issues including the location of the examination and the scope of the protective order. The […]

Matthew E. Malhiot, Former FDLE Departmental Inspector, Now Expert Defense Witness on Intoxilyzer 8000

Matthew E. Malhiot formerly worked with the Florida Department of Law Enforcement as a departmental inspector. He has worked with the Intoxilyzer 8000 since its inception in Florida. He was also intimately involved in the development of the Florida software. The software allows for some of the numerical results to be reported, while other numerical […]