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

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