Steven B. Epstein

Founding Partner / Head of DWI & Vehicular Crimes Litigation

Profile
Credentials
Notable Work
Practice Areas
Seminars

Bio

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 has more than 29 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 has represented clients facing vehicular crimes charges throughout New York State and has defended clients charged with DWI or vehicular homicide in many other states including New Hampshire, Vermont, Pennsylvania and Oklahoma. He is often called upon to assist local counsel handing vehicular homicide cases based on his expertise handling forensic and scientific issues such as blood and breath test evidence.

He is a nationally recognized and much sought after lecturer at continuing legal education seminars for other attorneys. Mr. Epstein is Head of the Steven Epstein DWI Defense Institute, an educational program designed to teach lawyers how to defend DWI and Vehicular Homicide cases and is relied upon as the principal instructor in the area of DWI defense for most of the New York City area public defender offices. Mr. Epstein regularly lectures throughout New York State and other parts of the country 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 Elisabeth Haub School of Law at Pace University since 1998 and is 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 the co-chair of the National Task Force on Trial Advocacy for the National College for DUI Defense. Mr. Epstein also serves the National College for DUI Defense as a Faculty Member, New York State Delegate and Northeast Regional Delegate. Mr. Epstein is a member of the Board of Directors of the New York State Association of Criminal Defense Lawyers and serves as Vice President and 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 and in 2021 was awarded the President’s Award by the New York State Association of Criminal Defense Lawyers for his service to the legal community during the pandemic.

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, a statute he helped author.

Mr. Epstein has won trials for his clients charged with vehicular homicide, aggravated driving while intoxicated, driving while intoxicated, driving while impaired by drugs and other vehicular crimes offenses in New York and other states. In a recent case he defended a client charged with DWI in Vermont, took the case to trial and won a not guilty verdict.

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.

Click here to see a list of Mr. Epstein’s seminars and publications.

Recognition

Named to List of 2018’s Top 20 Continuing Legal Education Lecturer by National Association of Criminal Defense Attorneys
Named a New York Metro Area Super Lawyer 2014, 2015, 2016, 2017, 2018, 2019, and 2020
United States Department of Justice, appointed 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.
Successfully completed the NHTSA DWI/SFST practitioner course, a 24-hour course recognized by the National Highway Traffic Safety Administration. June 2-4, 2016.

Associations

New York State Defenders Association
National Association of Criminal Defense Attorneys
National College for DUI Defense
Adjunct Faculty, Pace University School of Law
Instructor, Legal Aid Society of the City of New York

If you or a loved one have been arrested for DWI or any crime, Mr. Epstein is available 24/7 to help. Call (888) 779-0267 to get started.

Email: sepstein@barketepstein.com

Education

Bachelor of Arts in Speech Communications | Graduated Cum Laude, with Dean’s List Honors State University of New York College at Oneonta - University Oneonta, NY 1989
J.D. | Graduated Cum Laude Pace University School of Law - Graduate School White Plains, NY 1992

Memberships

Licenses

New York State Bar, First Department 1992
Connecticut Bar 1992
United States Supreme Court 1993
United States District Court S.D.N.Y., N.D.N.Y. and E.D.N.Y 1993

Publications

Treating Marijuana Worse Than Alcohol Under DUI Regime Is a Mistake, New York Law Journal, Aril 8, 2021, Perspective P. 6.
Fundamental Principals of Breath Testing, Winter, 2019, Volume 31, Number 1 (New York Association of Criminal Defense Lawyers).
Legalizing Recreational Marijuana in New York Would Usher in New Era P. 4., New York Law Journal, August 7, 2018, Outside Counsel
Singas v Engel: A Discovery Win for DWI, Winter, 2018, Volume 30, Number 1 (New York Association of Criminal Defense Lawyers).
It Takes a Team, The Defense of Vehicular Homicide Case, Atticus, Spring, 2017, Volume 29, Number 2 (New York Association of Criminal Defense Lawyers).
Jury Instructions: An Essential Tool to Conflict Resolution in a DWI Case, Winter, 2017, Volume 29, Number 1 (New York Association of Criminal Defense Lawyers).
Detecting Marijuana Impaired Drivers: A Lesson in History, Lawline 360, March 22, 2016.
Calibration, I do not Think That Word Means What You Think it Means, Atticus, Spring 2016, Volume 28, Number 2 (New York Association of Criminal Defense Lawyers).
FYI/DWI: What You Do in the Midnight Hour Can Win Your Case! Atticus, Winter, 2016, Volume 28, Number 1 (New York Association of Criminal Defense Lawyers).
The Evolution of Confrontation, Atticus, Fall 2015, Volume 27, Number 3 (New York Association of Criminal Defense Lawyers).
Keeping the Preliminary Breath Test Out of Evidence, Atticus, Winter 2015, Volume 27, Number 1 (New York Association of Criminal Defense Lawyers).
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
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.
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.

Practice Areas

Seminars

Defending DWI Cases – The Critical Issues “Breath Test Issues”, New York State Bar
Association, September 8, 14 and 28, 2017, Buffalo, New York City and Albany.
Blood and Breath Testing: Science Made Simple, Upstate Criminal Defense Seminar, New York State Association of Criminal Defense Lawyers, June 9, 2017, Saratoga Springs, New York.
Fifth Annual Man vs. Machine: Constructing the Defense in a DWI Case, “A Primer on the Science of Blood and Breath Testing” March 10, 2017, St. Francis College, Brooklyn, NY
Fifth Annual Man vs. Machine: Constructing the Defense in a DWI Case, “Summations and the Art of Telling a Story” March 10, 2017, St. Francis College, Brooklyn, NY
Blood and Breath Testing in New York DWI Cases: Skills for Making the Science of Measuring Blood Alcohol Simple, Lawline.com, December 18, 2016, Webcast.
On the Road Again: Challenging the Lifetime Driver’s License Revocation, Bronx County Bar Association, November 16, 2016.
Presenting Scientific Evidence to Laypeople, Texas Tech University School of Law, October 28, 2016, Lubbock, TX.
The Pathway of a DWI Prosecution, The New York State Commission on Judicial Conduct, October 18, 2016, New York, NY
National College for DUI Defense, Summer Session 2016 at Harvard Law School, “Just Say No to Losing Your Client’s Commercial or Professional License”, National College for DUI Defense, July 21-23, 2016 at Harvard Law School, Cambridge, MA.
The Basics of Gas Chromatography and Why it is Relevant to DWI Cases, Bronx Bar Association, May 25, 2016.
DWI on Trial – Big Apple XVI, “The Intoxilyzer 5000 – What You Need to Know,” New York State Bar Association, May 18, 2016, New York, NY.
Cutting Edge Criminal Defense: “The Basics of Gas Chromatography” New York State Defenders Association, May 6, 2016, Binghamton, New York.
“DWI and the Law: What to do in the Midnight Hour,” Tannenbaum Helpern Syracuse & Hirschtritt LLP, April 21, 2016.
Cross to Kill 2016: “10 Concepts You Need to Understand to do a Cross Examination of the Breath Test Operator in a DUI Case.” New York State Association of Criminal Defense Lawyers, April 15, 2016, New York, New York.
“10 Concepts You Need to Understand to do a Cross Examination of the Breath Test Operator in a DUI Case” Lawline.com, January 29, 2016, Webcast.
Cannabis and Cars: What you Need to Know to Defend a Marijuana DUI Case. “Where the Government is Taking Us,” National College of DUI Defense, Marina Del Ray, California, January 22, 2016.
Fourth Annual Man vs. Machine: Blood, Sweat and Breath, St. Francis College, Brooklyn, NY November 3, 2015. Lectured on The Basics of Blood Testing and Gas Chromatography and Concepts Behind the Cross Examination of the Breath Test Operator.
The Nuts and Bolts of Handling a DWI Case: Handling the Probable Cause Hearing, New York State Bar Association, New York and Albany, NY, October 7 & 21, 2015.
Meeting to Review Drug Recognition and Impairment research, Department of Justice, Washington, D.C., August 24, 2015.
Presenting Complex Scientific Evidence to Laymen, Texas Criminal Defense Lawyers Association, Dallas, Tx., October 1, 2015.
Handling the DWI Case From Arraignment Through Hearings, The Bronx Defenders, Bronx, New York, July 7, 2015.
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.
Handling the DWI Case From Arraignment Through Hearings, The Bronx Defenders, Bronx, New York, April 17, 2015.
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 PBT: How to Keep it Out of Evidence and What to do When it Comes in. The Bronx Bar Association, Bronx, N.Y. December 10, 2014
The DWI Case: From Arrest to Trial. The Legal Aid Society, Criminal Defense Division, New York, N.Y. December 3, 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)
Second Annual Man vs. Machine Seminar: Attacking Portable Breath Tests, Brooklyn, New York (December 7, 2012)
Jury Selection in the DWI Case, Bronx County Bar Association – May 23, 2012
Cross Examination of the Intoxilyzer 5000EN Operator, Nassau County Criminal Court Bar Association – May 10, 2012
First Annual Man vs. Machine: The Intoxilyzer 5000en, The Legal Aid Society of New York – May, 2011
The Defense of the DWI Case, The Legal Aid Society of New York – 1998 – Present
Cross Examination of the DWI Breath Technician Assigned Counsel Plan First Dept. November 2010
DWI Refusal Hearings, Bronx County Bar Association March 2010
Leandra’s Law Update, Bronx County Bar Association March 2010
Cross Examination of the DWI Breath Technician, Bronx County Bar Association November 2008
Update on DWI Defense, Sullivan County Bar Association January 2007
Update on DWI Defense, Bronx County Bar Association January 2007
How to Try Your First DWI Case, Korean-American Lawyers Association of Greater New York July, 2004