Skip to main content

DWI Trial - What happens if the officers credibility, or lack of credibility, in this case is damaged during trial.

San Marcos, TX |
Attorney answers 6


The jury will have to factor the officer's credibility when determining their verdict. Usually cases aren't thrown out due to one unreliable witness. Good luck.

Law Office of David D. White, PLLC
1205 Rio Grande St.
Austin, TX 78701
(512) 369-3737


It is up to the jury to evaluate the officer's credibility and decide how much weight to give to his testimony. The case will not be thrown out. The jury. Will either find you guilty or not guilty.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.


The officer's credibility is among many potential issues in a DUI case. But it's impossible for us to answer your questions without the ability to judge the rest of your case. If you have an attorney, express your concerns about the officer's credibility to them. Good luck.


An officer's credibility is a factor in deciding whether there is sufficient evidence for conviction but doesn't automatically get a case thrown out as three good Texas lawyers have already explained.

Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.

That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.

Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!

After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.

You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.

That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.

Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.


All of the answers from the previous attorneys are absolutely correct. DWI cases are highly technical and take experienced lawyers to try them right. The officer's credibility may have something to do with the justification for pulling you over, his conclusions on your field sobriety test, or other issues affecting the admissibility of post-arrest evidence. However, if it's a breath test case, the prosecution will also present testimony from their Intoxylizer expert and possibly their Intoxylizer calibration/maintenance tech. If it's a blood test case, they'll have a lab tech expert. There are many pieces to the DWI puzzle. And witness credibility is one of the main things a lawyer attacks at trial--but the finder of fact, usually a jury in DWIs, ultimately decides on that. Good luck.

The information provided by this attorney is for general guidance only, and is not to be considered as advice specific to any particular person, legal matter, or case. For specific advice regarding any legal question or matter, you are encouraged to consult a qualified attorney in the appropriate jurisdiction. If you wish to consult with Mr. Little regarding your legal matter, you may contact him at (888) 404-0777.


As indicated in other responses, DWI cases are very complex and involve many legal issues. The credibility of the arresting officer is but one such issue. It is impossible to evaluate what effect this will have in your case because the credibility of witnesses and the believability of testimony is entirely the province of the jury.