Enter Your Zip Code to Connect with a Lawyer Serving Your Area
Can I plead entrapment in my DUI criminal case?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
Your Rights When Dealing with the Police
Search and Seizure Laws
Arrests: Your Rights and the Law
After You're Arrested: Booking, Bail, and O.R.
Suspect to Defendant: Facing Criminal Charges
Getting Legal Representation When Charged With a Crime
Expungement & Sealing Adult Criminal Records
Crimes: Laws & Penalties
Entrapment essentially means that the police or law enforcement agency tricked you into violating the law or coerced you into violating the law for the sole purposes of arresting you for it. It is going to be difficult for you to prove entrapment in a DUI case because of the circumstances surrounding a DUI. A DUI requires that you are driving while under the influence of alcohol or some other illegal substance, so in order to be able to use entrapment as a defense, you would need to argue that the police in some way made you drink and drive or coerced you into driving while you were under the influence of an intoxicating substance.
This is probably going to be a rare situation. If it does occur, you will need to prove that the entrapment happened with sufficient evidence such as eyewitness testimony of the events that occurred.
You may also wish to consider exploring other DUI defenses, such as the rising BAC defense or a defense arguing a lack of due process or some other procedural error in the arrest. These are more common DUI defenses and you may have better luck with one of these than with alleging that law enforcement somehow tricked you into driving drunk.... unless of course you are in the rare situation where a police officer actually did trick you into getting a DUI.
To get help determining what the best course of action is, you should strongly consider speaking with an experienced DUI attorney as soon as possible. He can help you explore potential defenses and make the strongest case possible to get out of trouble.
References: