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

(96 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 Marion Epstein & Kearon LLP

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


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).


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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