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, Epstein and Kearon, LLP and is the partner in charge of the firm's DWI/Vehicular Crimes group. Mr. Epstein has more than 25 years of experience in the field of criminal defense.
Mr. Epstein is widely recognized as one of the foremost DWI attorneys in the country, specializing in representing clients accused of DWI, vehicular homicides and other criminal offenses. He is a nationally recognized and much sought after lecturer at continuing legal education seminars for other attorneys 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 and the author of numerous published articles relating to trial techniques, legal challenges to scientific evidence, legal updates and other criminal and DWI defense related issues.
Mr. Epstein was appointed by the United States Department of Justice as a peer reviewer for National Institute of Justice Grant applications to conduct research that examines criminal justice tools, protocols, and policies concerning drug trafficking, markets and use, and the effects of drug legalization and decriminalization on law enforcement, applicable to State, tribal and local jurisdictions.
Mr. Epstein successfully completed the NHTSA DWI/SFST practitioner course; a 24 hour course recognized by the National Highway Traffic Safety Administration and has successfully completed coursework on the use and maintenance of breath testing devices.
Mr. Epstein proudly serves as a faculty member of the distinguished National College for DUI Defense.
Informative presentation by an attorney who obviously has a great deal of subject matter experience
Interesting course. Good speaker. I wish there were more written materials, although he promised to provide them if we contacted him.
Instructor was very knowledgeable!
Easily the best CLE I've seen. Excellent
Extremely informative course with a very knowledgeable presenter. Thank you.
One of the best CLEs I've ever attended. The speaker was incredibly helpful and tremendously knowledgeable. Highly recommended.
Crazy intense! Enjoyed it, very informative.
Very knowledgeable speaker.
Best Course I've taken on Breathalizer Testing.
Excellent! Packed with information.
Great lecture Great lecture
Give that guy a raise!
Really good course. Lots of detailed information set forth clearly
No lawyer in general practice should take dui cases without this science specific training. Excellent lecture, accompanied by uncomplicated, easily understood written materials.
He was great!!
EXTREMELY valuable content
A rare perfect CLE
Must see for both defense attorneys and prosecutors!
We have been in contact
Excellent presentation. Mr. Epstein takes an arcane, but useful, subject, and makes it approachable and understandable.
Knowledgable speaker, clear & energetic presentation. Excellent.
Very helpful information!
Best lawline cle ever!!! Was awesome and I don’t even do dui law.
Top tier presentation. Would like his client intake form.
I WANT THIS GUY ON MY SIDE IN ANY TYPE OF LITIGATION!
Very interesting and excellent presentation.
Excellent explanation of a complex topic. Thank you!
Knows his stuff
The presenter was very knowledgeable and engaging. I learned a lot from the program and would feel comfortable reaching out to the presenter with questions, as was offered.
This was an EXCELLENT presentation.
Course as well done and the instructer knew his presention
This is one of the best explanations that I have heard--- congrats
Great practical advice.
Very impressive explanation of concepts. This is what I imagine a TED talk would be if TED talks were good. Thoroughly enjoyed this presentation.
very informative..and much more interesting than most presentations
This was a painless hour.
Great practical information for the DUI practitioner
the guy wasgreat
One of the finest presentations I have seen in 53 years of practice.
Speaker very interesting and enjoyable to listen to.
very well presented
Excellent! Thank you.
One of the most engaging lecturers I've seen - a truly exceptional teacher.
Superior presentation, very informative and relevant. Excellent course
A superior presentation that authoritatively showed the various uncertainties inherent in the use of breath testing in criminal prosecutions.
Going to use the info in my next DUI trial. Great lecture.
Mr Epstein's presentation is excellent.
Very knowledgeable speaker
he was fabulous
Loved how the speaker made himself available for future follow up
Excellent, knowledgeable speaker !
Very Nice presentation.
Best yet. Thx.
Excellent and very informative presentation! Thank you.
Excellent! One of the best I've viewed.
Best one yet. Concrete, step by step, knowledgeable advice on how to navigate the issue.
One of the best narrators of Lawline. He is fantastic. Kept my attention with tone and inflection. You can tell he loves what he does!
This course was one of the best. The speaker was fun to listen to and easy to follow. I can definitely use this in my practice.
This was my favorite speaker!!
Excellent informative lecture. Probably the best one I’ve listened to.
Excellent content and perspective.
Wonderful. One of my favorites thus far.
Highly effective lecturer who did a great job in communicating the concepts.
Most interesting cle I’ve done in a while.
This lecturer is among the very best. I hope he will do other courses.
This guy is a proven specialist.
This faculty member was particularly good, interesting and very easy to listen to.
Very interesting! Thanks
Very effective and interesting instructor
Excellent course. Very interesting subject. Presentation and materials were very helpful.
My favorite one so far. Great information.
Very well presented and fascinating.
Awesome presentation, I have watched a lot of these, and this one was particularly good!
Surprisingly interesting! I love the science of it all.
very informative course.
Very well done program. Lots of useful information for DWI and DUI cases. Nice presentation.
probably the best Lawline I've watched thus far
Good grasp of the basic concepts; nice presentation; thank you!
Excellent presentation, thank you.
I learned a lot. Thank you.
Excellent Course. Well Presented
Best seminar of the entire group !
Very useful criticism of breathalyzers, regardless of the state in which you practice.
Great faculty; great slides -
An absolutely great program. As a defender who has tried and won a felony DWI, I found the information incredibly valuable. Thank you so much!
Liked the most.
Great presentation - made CLE interesting
This speaker is one of your best. Really enjoyed listening to his seminar.
This was unexpectedly awesome. The presenter was engaging and made a subject that I know nothing about interesting and accessible.
Tight program from a very knowledgeable person. The program immediately provides bedrock for what it covers, doesn't cover, how to get more information, and how to figure out what you don't know. I'm impressed.
Very solid presentation.
I just recommended this course to a fellow lawyer here in Nevada.
This, quite simply, is the most informative and best-presented CLE lecture I have ever watched. This was just great - well worth my time.
Excellent speaker. The best so far.
The speaker was a very good at being simultaneously informative and entertaining.
Epstein is the best instructor i've seen on Lawline. I look forward to more of his presentations.
super excellent presentation
Best Cle on intoxilyzer attacks I have seen in my 20 years.
Really informative and well presented.
Very good presentation - thanks,
Great coverage of the subject matter. Very informative.
The lecturer is very good at explaining scientific information and relating it to the facts of a case.
he is excellent
Very interesting topic, well presented.
Great content. Good speaker
VERY INFORMATIVE AND WELL PRESENTED
Excellently presented and informative.
I thought this was one of the better cle's for the subject matter.
I thought this particular instructor was very thorough, interesting and obviously an expert in his field. Very good course.
This was a great, practical seminar. Speaker great and very generous with tips and advice.
What a wonderful and insightful presentation.
This was an exceptionally informative program.
Excellent. I am a B.S Chemistry, and a highly experienced DWI trial litigator, and I learned plenty! Great presenter. He represents our profession at its very best.
Informative and Entertaining!!! Thank you !!!
Excellent presentation style and an hour of useful information....best course ever.
Great Job in explaining.. Thanks
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.