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Author Archives: Steven Epstein

Steven Epstein
Steven Epstein is a founding partner at Barket, Epstein & Kearon, LLP and head of the firm's DWI/Vehicular Crimes group.  Mr. Epstein has more than 26 years of experience in the field of DWI and criminal defense.  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.

Is breath testing based on flawed science?

  Testing blood alcohol concentration (BAC) based on breath samples has been a staple of roadside law enforcement since the late 1930s, when Prof. Rolla H. Harger of Indiana University developed a device called the “drunkometer.” Drivers who fail the tests face prosecutions  for violating laws that prohibit driving with a certain BAC, which are referred to as “per se” statutes. Per se DWI statutes do not require proof that the motorist’s ability to drive was affected by alcohol: simply ... Read More »