The defense of a DWI case often involves the need to cross examine the breath test operator. This presentation, led by attorney Steven Epstein, educates attorneys on 10 important concepts that are essential to understanding breath testing and mounting a defense to such a test. Mr. Epstein also discusses the science that forms the basis of most breath testing devices used by law enforcement, and how the machine takes a sample of breath and generates a blood alcohol concentration.
I. Understand the science behind the Breath Test Operator
II. Identify the 10 important concepts instrumental to mounting a proper defense
III. Become comfortable defending a DWI case that involves a breath test device
Steven Epstein is a founding partner at Barket, Marion, Epstein & Kearon, LLP and head of the firm's DWI/Vehicular Crimes group. Born and raised on the sidewalks of New York City, Mr. Epstein has more than 23 years of experience in the field of criminal defense. He is a faculty member of the distinguished National College for DUI Defense*, having earned that distinction through his enhanced expertise and skill in defending cases involving drinking and driving. Mr. Epstein has extensive experience lecturing and teaching workshops and continuing legal education seminars for his peers and is relied upon as the principal instructor for the Legal Aid Society of New York City in the area of DWI defense. He has also served as an adjunct professor of law at the Pace University School of Law since 1998.
Seminars taught by Mr. Epstein include: DWI 101: What to do in the Midnight Hour, Columbian Lawyers Association, New York, NY, May 6, 2015. Three Part DWI Series: Storytelling in DWI Cases (April 7, 2015); PBT-Keeping the Preliminary Breath Test Out and What To Do If It Comes In (April 8, 2015); and Man v. Machine the Intoxilyzer 5000EN (May 4, 2015 ). New York County Bar Association, 100 Centre Street. Presenting Complex Scientific Evidence in Simple Terms to a Jury: Mastering Scientific Evidence in DUI/DWI Cases, National College for DUI Defense and Texas Criminal Defense Lawyers Association. New Orleans, LA March 26-28, 2015. The PBT: How to Keep it Out of Evidence and What to do When it Comes in. The Assigned Counsel Plan, Appellate Division First Department. New York. N.Y. December 18, 2014. The Science of Breath Testing and the Tools to Defeat it. Pace Law School, White Plains, N.Y. November 18, 2014. Telling the Story in a DWI Case. New York State Association of Criminal Defense Lawyers. Hudson Valley Fall Trainer, Poughkeepsie, N.Y. November 14, 2014. Handling the DWI Case in New York – Commercial Licenses, Underage Offenders and Out-of-State Defendants. New York State Bar Association, October 6, 2014. Third Annual Man vs. Machine: The Breath Test Case on Trial Cadwalader, Wickersham & Taft, NY, NY. July 10, 2014. Advanced Issues in Breath Testing Nassau County Legal Aid Society. July 9, 2014. The Intoxilyzer 5000 on trial, Nassau Academy of Law (October 10 and 15, 2013). Cross to Kill: Cross of the Breathalyzer Technician, New York Association of Criminal Defense Lawyers (April 26, 2013). For a complete list of seminars taught visit Barketmarion.com.
Publications by Mr. Epstein include: The GERD Defense in a DWI Case, Public Defense Backup Center Report, Volume XXIX, Number 2, June-July 2014 (New York State Defenders Association). The GERD Defense in a DWI Case, Atticus, Spring 2014, Volume 26, Number 1(New York Association of Criminal Defense Lawyers). Strategies for Defending DWI Cases in New York, 2014 ed.: (Inside the Minds) New Edition, Aspatore, 2014. Strategies for Defending DWI Cases in New York, 2013 ed.: (Inside the Minds) New Edition, Aspatore, 2013. Strategies for Defending DWI Cases in New York, 2011 ed.: Leading Lawyers on Understanding Today's DWI Environment, Constructing a Defense Strategy, and Counseling Clients (Inside the Minds), Aspatore. Telling the Story in a DWI Case, Atticus, Winter, 2013, Volume 24, Number 4 (New York Association of Criminal Defense Lawyers). DWI Proposals Cast Too Wide a Net, New York Law Journal, May 29, 2013, Letters to the Editor. Bill Strengthening Child Passenger Safety Law Takes Effect Nov. 1, New York Law Journal, August 22, 2013, Outside Counsel, P. 4.
* The NCDD is not affiliated with any governmental authority. See Rules of Prof. Con., Rule 7.4(c)(1); Hayes v. New York Attorney Grievance Comm. of the 8th Jud. Dist., 672 F. 3d 158 (2d Cir. 2012).
Indisputably one of the best presentations on Lawline. Learned a wealth of information.
good course and instructor
Very informative and useful
Wish every CLE could be taught by this instructor.
Extremely helpful and informative
Outstanding and knowledgeable presenter. Science discussion sparked quite a few questions and ideas.
Knowledgeable instructor. Interesting topic.
Excellent and practical!!
Probably the best lawline teacher I have listened to so far.
Outstanding overview of critical aspects of breath test evidence.
Lots of good information.
By far one of the best courses on Lawline.
Absolutely the best CLE course I have ever taken. I could listen to Mr. Epstein all day.
This guy was fantastic
Excellent presentation of the subjects
Exceptionally well delivered!
Epstein is one of the most effective speakers I have run across. This was very well done. Thanks.
Please, more from Mr. Epstein!
Very knowledgeable speaker! He has excellent information and a smooth enjoyable delivery.
really interesting and informative!
Great course very informative.
Very useful tips
well done, excellent organization and presentation of technical issues
Wow! A lot of science but presented well.
Best on line CLE I have ever viewed
Instructor is competent, professional, and easy to listen to.
excellent course, but what is his email?
Attorney/Instructor was excellent!! Nailed the topic!!
Fantastic course. Brilliant.
Fantastic instructor. Great course!
Fantastic and informative
Mr. Epstein was an excellent presenter !!!
Mastery of this subject. Thank you.
Excellent and informative!
Excellent and informative course.
One of the best presenters I have seen. Hope to see more programs with him.
Best explanation of breathalyzer information I’ve ever heard. Wish I’d had this info explained as well 30 years ago
Truly outstanding presentation regarding the need to hire and expert to raise issues of RD regarding Breath Test results
Informative and very useful.
I would like to see this lecturer give additional lectures
very good CLE!
first rate-easy to understand and listen to.
OUTSTANDING. He makes difficult concepts easy to understand and makes practical trial suggestions
Highly detailed information. Thank you.
Very useful presentation. Good speaker.
Very interesting. Science description was informative and helpful.
Very well done
He was an outstanding speaker, one of the best.
Instructor was extremely knowledgeable, engaging, effective, and interesting.
Very interesting and informative.
Very well done!
He is very good; would like to take more courses from him. I learned a lot.
Excellent presentation. Would have appreciated an email address.
A fascinating presentation. One I'll certainly tell others about.
A veritable wealth of useful information.
4 is not high enough. I would rate this program as a 10.
Great content! Entertaining as well.
Best CLE course I have ever taken.
excellent presentation Mr. Epstein was well prepared and has an excellent rapport with the audience
one of the most engaging instructors yet
Steven is a master.
Great lecture! Loved the "That is a lie !" shout outs.
Thought this program was very informative.
In my opinion the speaker was well prepared during the presentation of this course. Thank you.
Defending DWI cases is not for me.
He was a great speaker. You can tell that he is a professor. He keeps it interesting!
Phenomenal presentation. Professor really stated the material in a way that most anyone could understand. Recommend course that I will recommend to my colleagues.
Thank you for all of the tips. There are so many areas I have not been crossing on before. Steve is a great source of knowledge!
I have been a prosecutor for 16 years. I learned a lot. Excellent. Made what is difficult to explain so clear.
Very useful information on how to attack the 'blow' in dwi cases.
Mr. Epstein was terrific. Great speaking voice. Content was enlightening.
Terrific program. One of the best.
Excellent and engaging speaker. A follow-up CLE by this speaker regarding how to choose an expert (besides the number of notches in his belt) and how to introduce scientific evidence not just through the expert and voire dire and opening and closing arguments would be great. Thank you from Washington state and Iowan part of the year. Kris Chrey
This was an excellent presentation.
Mr.Epstein's presentation is excellent. I learned a lot.
I am not particularly familiar with this area of the law but the presenter explained it in a comprehensive and engaging way.
very practical and useful tips
Really good, voice was very engaging!
Would definitely want Atty Epstein to represent my best friend or family member.
This attorney was awesome! Great presenter and helpful slides.
It had some pretty standard information but was generally helpful.
Very articulate and geared towards the jury's perspective.
This was the best DWI course I have ever taken!
Two thumbs up!
Splendid and knowledgeable presentation.
Have the presenter do more lectures on the other topics he eludes to.
Excellent presentation. Organized with a solid pedagogy and interesting metaphors and optimistic view.
Great speaker made it very interesting.
This was the best lawline course I have taken so far!! And I've been taking classes for 4 years!
Wow -- the presenter knows his subject, and presents it in an accessible manner. Superb!
Superb presentation! Inspiring and educational. Thanks.
Informative and useful CLE. Excellent presentation.
The speaker made it all very interesting.
I have enjoyed all courses attended through Lawline but can honestly say this is the most insightful course taken to date.
Excellent, practical presentation that addressed its limitations.
For someone who had little or no knowledge of this area, it was informative and eye-opening.
One of the best Lawline seminars I have listened to. Clear, informative, interesting. Mr. Epstein is a great lecturer.
Interesting & engaging speaker. Thank you!
Appreciate the way he tied the technical concepts involved into the art of storytelling. It really brought the importance of the materials home.
Very informative and very well presented.
Great seminar, with useful evidence examples and explanations!
This guy is great
This was one of the best presentations I have ever seen. Extremely valuable information was given. Excellent!
Very good instructor
interesting. well taught.
This was excellent.
Extremely helpful. Thank youi.
Truly informative. He is, by far, the most knowledgeable DUI lawyer that I have come in contact with.
Excellent job of transforming technology into material a jury can understand.
By far, my favorite CLE and sooo informative. Thank you.
This guy knows his stuff and although I hope I never have to do a DUI case at least I have a concept of what it is all about.
excellent...very informative and well presented.
Very informative and practical. Really like courses that can put concepts/strategies in format that can be used immediately in your practice..
Wonderful presentation. It makes you wonder how the prosecutor can prevail.
Truly outstanding material and delivery!
Excellent, excellent, excellent!!
Excellent presentation of a rather very technical subject
This was one of the most thoughtful and informed DWI defense programs I have seen. Thank you.
maybe the most informative cle that ive ever seen
Great course. (And I loved the Princess Bride memes!)
The instructor was fantastic
The presentation was masterful! Excellent job!
Best of the best
Great presentation by a the attorney!
Very good course.
This was one of the best CLE I ever attended.
Best CLE I watched in a long time.
Epstein is great! Very personable, very knowledgeable. Great work.
Great program and speaker. He is a great teacher and I would recommend any program he presents.
Presenter was extremely helpful he was down to earth and professional, at the same time. I have never defended a DUI but might take one on now!
One of the best presenters I've experienced in 40 years of CLE.
did a really good job
Excellent presentation. Valuable information for other cases where matters of volume and variables are critical. Highly recommend for any practitioner.
He was a very good presenter
Well organized presentation
Great program! Very knowledgable attorney. DWI lectures are always the most interesting.
Entertaining and informative. NOW I can answer those questions I always get at those cocktail parties I have to attend.
Best CLE I've watched
Excellent presentation. He is extremely knowledgeable.
Very informative and the speaker was intelligent and articulate. I highly recommend this course.
Great primer course.
Written material is very helpful
Well done. This course will full of practical, real-world information that will help me be a better attorney. Too many CLEs are theoretical rather than practical. Not this one!
Succinct, excellent presentation.
After 25+ years working in civil and administrative litigation, I'm starting to work in criminal defense (briefing and appellate work mainly). So this subject is new to me -- and it is fascinating! I've always enjoyed product liability cases because I enjoy learning the technology and how to blend law and science to form arguments. This CLE presentation excites me to learn more about this whole subject. The presentation is a great blend of introductory science and the methods of persuasion. I truly didn't realize how much goes into a DUI defense. Super job!
Instructor was very informative. Great program.
Mr. Epstein was exceptionally good.
very good speaker and presentation
Super informative! I had no idea of these defenses.
Absolutely superb presentation by Mr. Epstein.
excellent, but too little time was allocated for this topic--easily could have been twice as long!
Very interesting presentation with an approach subjected that transcends the subject area.
excellent presenter/facilitator. Clear and concise orator. Hope Epstein has other CLEs
Mr. Epstein gave a superb lecture that demonstrated his excellent command of the science involved in DWI testing.
Wow! Great teacher who knows his subject and communicates it well. Excellent Presentation.
Very interesting. Thank you!
Very in depth and interesting presentation
Very engaging speaker.
This presenter is outstanding and very knowledgeable about his subject matter
Great presentation. Very informative!
I really liked this guy a lot and learned that I knew very little about this topic!
This guy was great - really knew the material - good presenter !
very informative lecture
The Presenter was fabulous!!
Very interesting and informative.
Very knowledgeable and provided great information and resources that a practitioner needs to be aware of in DUI cases
Wonderful presenter. I would seek out other classes presented by him
Mr EPSTEIN is top notch. Knows his subject & presents it very well!
Good presenter. Obviously knowledgeable about his topic.
Very knowledgeable proctor.
Wish I had this a couple months ago
Homerun! Great lecture. Very useful material.
I thought Mr. Epstein gave an excellent presentation which was informative and interesting.
Interesting course, nice reference to Princess Bride.
good job explaining the defense.
Excellent speaker & information
He was excellent. His mastery of the topic was apparent.
Excellent presentation, with interesting visual aids. Speaker reduced legal jargon to lay terms and examples to enhance understanding of the material.
A lot of good info.
The speaker was engaging, a great storyteller, and had a clever sense of humor - well done!
Thank you! Great presentation!
This instructor provided excellent information in a succinct and enjoyable manner.
Expert! Well done!
Excellent teacher Great practical advice
Excellent! Anyone who does DUI's should see this.
very informative and helpful! Thanks
Excellent speaker and course!
The science was well presented
This gentleman gave an excellent presentation!
Great class from a knowledgeable and helpful speaker.
Great presentation; not my area of practice, but some of the principles presented apply broadly.
presented very well
Fantastic information for anyone involved in dui defense!
One of the best presentations I have seen in this area of practice. Great job.
great speaker/ on point
it was very informative
Very informative CLE
Outstanding presentation. Great personality.
Excellent substance, explanations, and delivery
Outstanding. Very clear.
Great Content. Not enough CLE's like it out there. Lecturer deserves the highest praise. Interesting, engaging and fun. Most of the time I look at a lecturer or litigator and say I can do that better. I viewed him and say to myself, I want to be able to present like that.
Great presentation...very informative!!
most interesting attorney so far. great examples, way of speaking, knowledge of material
very good lecture
Very good introduction to DWI defense.
Exceptional presentation by an equally exceptional speaker.
Great presenter. It is obvious he is very knowledgeable on the subject matter.
This was an outstanding presentation.
This is the most interesting/informative class I've ever taken
This guy was awesome.
very good presentation
This was the best, most informative CLE course I ever took.
Very organized and detailed.
Excellent presentation. Mr. Epstein combines theory and practice quite effectively.
Very good - heavy on science and need expert but gives good questions.
Steven Epstein, you are a S T U D. Thanks so much for this.
Great course. Great lesson on principle of uncertainty rather than much user margin of error.
This CLE was exceptionally informative. It serves as a great primer to the vast knowledge that you need to acquire to effectively represent a client in a DWI case.
Really informative; nice easy to follow presentation that spells out the science.
This was an excellent presentation.
Excellent speaker! Excellent course! Really valuable information.
mr Epstein was very knowledgeable and communicated his experiences with the topic exceptionally.
Very good program
Excellent coverage of this topic, thanks.
One of the best CLEs ever.
Loved the presentation!
Excellent presenter. Content very thorough.
Great introduction to help simplify a question we are all asked at parties.
Wonderful program. Excellent lecturer.
This was by far the best course I've ever listened to on Lawline. Exceptional.
Informative. Excellent. Well presented.
This was one of the best and most interesting/entertaining courses so far. Thanks!
mr epstein is extremely knowledgeable and presents his material in an understandable manner.
Awesome Awesome Awesome. Very interesting class.
One of the best CLE's that I have sat through
He was a good lecturer.
Excellent presentation. Although this was quite technical it was riveting and Mr. Epstein really broke it down and gave some very sound advise on approaching these matters.
Outstanding explanation of issues in a breathalyzer test case
Instructor was superb!
Excellent lecture. I may need to watch again to digest the science of it, definitely worth watching again.
Best presenter I have watched so far.
Great CLE. Engaging and informative.
Really great course. Interesting, relevant, and contains alot of practical information for effectively handling BAC cases.
excellent control over the subject matter
One of the best presentations and presenters I have watched.
This is a good primer, especially for those who are not familiar with some of the basic concepts necessary to handle breath test cases.
best CLE I've had on DWI, I've angled these cases in NC, never knew this material
This guy is the real deal.
I have been handling DUI cases for a couple of years and this really taught me a lot. Even though I almost always use an expert, this case gave me more insight into how the breath testing machines actually work, how many other unmeasured factors are actu
Epstein was great. Kept my interest throughout.
It was great
excellent. great value
A wealth of practical information.
Great Great Great Class!!!!!
clear, concise, excellent.
Informative, well-paced, knowledgeable presenter.
One of the best programs I have taken.
Lots of info regarding possible error in BAC measurements that I never thought of!
A 4 plus speaker with 4 plus content.
Easy to understand explanation of the science behind BAC testing. Speaker was great.
Instructor was very knowledgeable about subject matter; and had great, down-to-earth personality.
Very interesting, and wonderful presentation.
Best course I've taken.
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