On Demand Audio

Cross Examination of the Breath Test Officer: Decisions Based on Knowledge Not Numbers

(187 reviews)

Produced on May 22, 2020

Taught by
$ 89 Criminal In Stock
Get started now

$299 / year - Access to this Course and 1,500+ Lawline courses


Course Information

Time 1h 15m
Difficulty Intermediate
Topics covered in this course: Criminal

Course Description

This program, taught by Steven Epstein, founding partner at Barket Epstein, will teach the skills required to conduct a cross examination of the breath test operator in a driving while intoxicated case.

Mr. Epstein will cover the fundamental principles and scientific concepts that provide the basis for breath testing to determine blood alcohol concentration. The course will transition into a discussion of various lines of cross examination skills that can be used to examine a breath testing officer in a DWI/DUI trial. The seminar will be structured so that it is helpful to beginners as well as attorneys experienced in DWI/DUI defense.

Learning Objectives:

  1. Break down the scientific principles of breath testing for alcohol
  2. Develop a strategy for challenging a breath test at trial and how to develop lines of cross examination to challenge the reliability of the breath test results
  3. Conduct a persuasive cross examination that challenges the reliability and accuracy of the test results
  4. Construct various lines of cross examination that can be used in several different fact patterns in a driving while intoxicated case that involves a breath test

Credit Information

After completing this course, Lawline will report your attendance information to {{ accredMasterState.state.name }}. Please ensure your license number is filled out in your profile to ensure timely reporting. For more information, see our {{ accredMasterState.state.name }} CLE Requirements page . After completing this course, {{ accredMasterState.state.name }} attorneys self-report their attendance and CLE compliance. For more information on how to report your CLE courses, see our {{ accredMasterState.state.name }} CLE Requirements FAQ .


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.


Thom G.

Very helpful!

James G.

Superb seminar. Thanks

Jason W.

Great presenter

Edward A.

Great presentation!

Agnes F.


Louis B.

excellent presentation

James L.


Maxwell Z.

Good summary of the science

Howard B.

Although technical in some areas found this lecture to be most informative and I will benefit greatly with future cases. Mr. Epstein was extremely knowledgeable and made this course one of my favorites.

Jason M.


Joseph D.

very good

Mark E.

5 Stars!

Joseph C.

Excellent instructor, easy to follow logic.

Celeste B.

Great presentation, thank you! Honestly, I showed up for the credits, but I ended up actually paying attention, despite the fact that it's not even remotely in my area of practice! Love the science. :)

Load More