Breath Testing: Understanding the Science Behind DUI Testing (On Demand Seminar)

MCLE Credits: 2.0
Ethics Credits Included: 0.0

MCLE Credit: 2.0 (Ethics: 0.0)
Live-Interactive Credit: 0.0
VIDC Re-Certification Credit: 2.0 (VIDC Information)
Designation Credit: 2.0 Trial Practice/Litigation (Designations Information)
Price: $149 (Includes a downloadable audio version.)
Viewable Through: 01/31/2024


A pre-recorded streaming AUDIO replay of the January 2021 webcast, Breath Testing: Understanding the Science Behind DUI Testing.

Topics Covered

  • Learn how the EC/IR II works and calculates a B.A.C. number
  • Discover the 3 major ways the EC/IR II results can be wrong
  • Hear tips on how to effectively cross-examine the state’s expert

If you represent clients who have been charged with DUI, or are a prosecutor who handles DUI cases, it is important to have a working knowledge of breath testing, blood testing, and field sobriety testing, and the issues related to each test. This is one of three 2-hour Understanding the Science Behind DUI Testing programs designed to assist the legal practitioner to better understand the science behind DUI testing, and how to spot the potential issues related to each one of the three types of DUI testing: breath, blood, and field sobriety testing. For savings up to 60% on these live-interactive webcasts, as well as on other webcasts and on-demand online seminars, please consider first purchasing a Virginia CLE® Online Bundle and then registering with Bundle credits.

This seminar will focus on the EC/IR II breath test. It is designed to be an in-depth discussion on how the EC/IR II works, how it calculates a number, and how the results can be wrong. Understanding the complexities of the EC/IR II breath test well enough to spot issues with the test can be crucial to the outcome of a DUI case.

This program will include a discussion on what .08 grams of alcohol per 210 liters of breath really means, how the breath test number is calculated, and why the protections the EC/IR II has to protect against false results do not always work. He will provide tips on “how to” and “how not to” cross-examine the state experts.

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Michael C. Tillotson, Tillotson & Martin / Newport News
Michael C. Tillotson has dedicated his professional career to helping those in need. He graduated Summa Cum Laude in 1986 from Kent State University.  He was awarded the Alpha Phi Sigma Award for graduating with the highest grade point average in Criminal Justice Studies. He graduated from William & Mary Law School in 1990. 

Mr. Tillotson has continued his education in the area of DUI/DWI defense over the last 30 years.  He has attended well over 100 seminars and courses focusing on all aspects of a DUI case.  He is a trained operator on three separate breath test machines, including the EC/IR II.  He received training in breath test machine maintenance and calibration.  He has completed the NHTSA SFST Student Course as well as the NHTSA DWI Detection and Standardized Field Sobriety Instructors Course.  He has assisted in teaching the NHTSA SFST Student Course to other attorneys. 

In 2008, Mr. Tillotson was selected by Thomson/Reuters (formerly West Publishing) to write the book for DUI/DWI defense as part of the Virginia Practice Series. The book is titled, Virginia DUI Law: Understanding the Scientific, Medical, Technological, and Legal Aspects of a DUI Case (Vol. 16, Virginia Practice Series).  The 11th edition of the book should be available in December 2020.  He is a Lifetime Member of the National Association of Criminal Defense Lawyers.  

Mr. Tillotson is a member of the National College for DUI Defense, DUI Defense Lawyers Association, and the Virginia Association of Criminal Defense Lawyers.  He has been an invited speaker to lawyers in Maryland and to lawyers from across the country in Washington, D.C.  

Mr. Tillotson hosted and spoke at two EC/IR II seminars in Virginia that were attended by attorneys from eight states, as well as some Virginia judges.  He has defended DUI cases in 106 different jurisdictions throughout the Commonwealth of Virginia, both as lead counsel and as co-counsel.

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