Strategies For The Trial Of A Breath Test Case

From the Pit of Despair to Storming the Castle: This 2 hour and 45 minute program presented by Steven Epstein, Head of the Steven Epstein DWI Defense Institute, will begin with a discussion of a three part methodology for challenging a breath test in a DWI case.  This will include a discussion of the science involved in breath testing and provide the practitioner with the basic knowledge needed to challenge breath test evidence. The presentation will then focus on specific areas of cross examination of the breath test officer at trial.

Steven Epstein is a founding partner at Barket Epstein Kearon Aldea & LoTurco, LLP and head of the firm’s DWI and Vehicular Crimes group.  Mr. Epstein is Head of the Steven Epstein DWI Defense Institute, an educational program designed to teach lawyers how to defend DWI cases. Mr. Epstein has more than 28 years of experience in the field of criminal defense and has tried well over 100 DWI cases to verdict.

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.  In addition, he also does the training programs for most of the New York City area public defender offices, as well as CLEs throughout New York State on the topic of DWI. In total, he has trained well over three thousand attorneys 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 proudly serves as a Faculty Member, New York State Delegate and Northeast Regional Delegate of the National College for DUI Defense. Mr. Epstein is a member of the Board of Directors of the New York State Association of Criminal Defense Lawyers and serves as the chair for their CLE committee. Mr. Epstein is a member of the National Association of Criminal Defense Lawyers and the New York State Bar Association. In 2019, the National Association of Criminal Defense Lawyers named him as of their top 20 CLE lecturers. He has been named a New York metro area Super Lawyer every year since 2014.

Mr. Epstein successfully challenged New York’s discovery statute and obtained and enforced an order directing the State to turn over to every defendant in New York State the full records of gas chromatography that relate to the certification of the simulator solution used for every person charged with a DWI who submitted to a breath test. This ruling subsequently resulted in a change to New York’s legislation. The resulting new discovery statute now entitles every defendant to the full records of gas chromatography that relate to the certification of the simulator solution.

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.