Blood and Breath Testing in New York DWI Cases: Skills for Making the Science of Measuring Blood Alcohol Simple

(106 Ratings)

Produced on: December 18, 2016

Course Format On Demand Audio

Taught by


Course Description

Time 75 minutes
Difficulty Beginner

In this course, attorney Steven Epstein will begin with an overview of why measuring for blood alcohol in DWI cases is relevant in New York State and what methods police use to conduct such measurement. The focus will then shift to a discussion of the process of breath testing, specifically infrared spectroscopy and the basic scientific theories that relate to breath testing including Henry’s Law and the Beer-Lambert Law of Absorption, simplified so that the lawyer without any scientific knowledge can gain an understanding of how it works. Mr. Epstein will then discuss blood testing, specifically gas chromatography and the basics of how a gas chromatograph measures blood alcohol content from a blood specimen, also simplified so that the lawyer without any scientific knowledge can develop skills for discussing and presenting the process in court.  He will then examine some real life breath and blood cases and demonstrate how this knowledge can be of assistance in winning your DWI cases in the courtroom.

Learning Objectives:

  1. Understand the relevance of measuring for blood alcohol in NY
  2. Develop skills for discussing and presenting the process of breath and blood testing
  3. Examine real-life cases
  4. Understand how to use this information to win a DWI case in the courtroom

This course originally appeared as a part of our December 2016 Bridge the Gap Event.


Steven Epstein

Barket Epstein Kearon Aldea & LoTurco LLP

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.


Robbin C.

A great presentation substantive and very well delivered. One of the best I've seen.

Thomas T.

This was perhaps the best lecture I listened to on Law Line. Well done.

Carlo C.

This was a very informative seminar. The presenter was well informed and presented in an enjoyable way..

Steven R.

Highly informative.

Richard M.

Well worth the time

Chris S.

Best lecture yet

david P.


Carl I.

More from this instructor please

Gerald G.


Donald B.

excellent lecture

Keith D.

Made complex material understandable

Paul G.

One of the Best CLE's I've listened to

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$ 89 Criminal Law In Stock


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