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 results (such as the sample attempts, sample duration, and flow rate) are not reported.

His testimony may be critical in demonstrating why the Intoxilyzer 8000 source code and Florida software must be released prior to the results of the breath test being admissible at trial.

Update: On June 21, 2013, I attended Matthew Malhiot’s CLE Course in Tampa, FL, entitled the Intoxilyzer 8000 & Florida Software Version 8100.27 Understanding the Instrument and Interpreting the Results. Click here to read a review of Matthew Malhoit’s DUI Course.

After recently leaving FDLE, Mr. Malhiot started his own consulting practice called Forensic Alcohol Consulting and Training, LLC, which is located in Canton, GA. You can visit his website at

Because of his intimate knowledge of the alcohol testing program in Florida, including the Intoxilyzer 8000, he is expected to be a great resource for helping Florida DUI Attorneys understand the “science” behind this instrument.

Matt Malhiot successfully completed instructor courses, operator course, and maintenance courses offer by CMI on the Intoxilyzer 8000 and the Intoxilyzer 5000. As of late 2010, he was training law enforcement officers on how operate the breath test instruments at various law enforcement agencies throughout the State of Florida.

Mr. Malhiot has been listed as an expert witness by the State of Florida in more than 100,000 DUI cases. His training in forensic alcohol toxicology and DUI enforcement is quite impressive. He is expected to emerge as an ideal expert witness for Florida DUI Attorneys particular when it comes to pending motions to suppress the breath test results because of the State of Florida’s inability or unwillingness to release the CMI’s source code or allow independent testing of the Intoxilyzer 8000 instruments currently used in Florida.

He is also in a great position to help attorneys in those states that still use the older versions of the breath test machine including Georgia’s Intoxilyzer 5000 and Nevada’s Intoxilyzer 5000EN.

The Tampa DUI Attorneys at the Sammis Law Firm are happy to welcome Mr. Malhiot to the private sector. We believe that truth and transparency will lead to a better alcohol testing program for the State of Florida.


One Comment

  1. Marguerite Hess
    Posted June 21, 2012 at 23:08 | Permalink | Reply

    I am trying to find an expert witness who is knowledgable on GERD and the effects it has on the Intoxilizer 8000 and who would be avaible to testify in court if need be.

    I was arrest and blew .14 and .127 2.5 hours later I took another breath test and was released after posting bond.
    I am 60 years old and have been medically diagnosed with GERD since 2004.

    I do have a lawyer but we are both searching.

    Nice website and very helpful and informative. thanks

5 Trackbacks

  1. […] This post was mentioned on Twitter by Casey Ebsary, Sammis Law Firm. Sammis Law Firm said: DUI Attorneys – Matthew Malhiot, Former FDLE Departmental Inspector, Now Expert Defense Witness on Intoxilyzer 8000 ! – […]

  2. […] 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. […]

  3. […] now instead of hiring the number three guy, Matthew Malhiot, and paying his expenses to travel from Georgia, DUI defense attorneys in Florida will have the […]

  4. […] now the Agency Inspector for the Hillsborough County Sheriff’s Office. The number three guy, Matthew Malhiot started his own consulting practice called Forensic Alcohol Consulting and Training, LLC, which is […]

  5. […] 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 a department inspection after the Intoxilyzer 8000 breath test machines were “returned from an authorized repair facility.” The article is entitled “Florida-ATP Violates Chapter 11D-8 F.A.C. Rule.” […]

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