Is DUI entrapment a good defense to the charge?

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Question:

Is DUI entrapment a good defense to the charge?

Answer:

DUI entrapment is very rarely a good defense to DUI charges. Entrapment essentially means that the police must have coerced you in some way into committing illegal activity so they could arrest you for it. So, unless the police gave you the drinks knowing you intended to drive home, or knew you were drunk and convinced you to get behind the wheel, it is going to be pretty hard for you to prove DUI entrapment. Since a scenario where the police convince someone to drive drunk or trick someone into committing a DUI is unlikely, it is in your best interests to explore other possible DUI defenses.

More common DUI defenses include:

  • Lack of probable cause. The police can't just pull you over and give you a sobriety test for no reason- this would violate your constitutional rights against unreasonable search and seizure. Unless they had a reason to pull you over and a reason to think you were intoxicated, any evidence they collected against you isn't going to be admissible. 
  • Rising BAC defense. If you aren't given a BAC test right away, it is possible that the alcohol level in your blood would actually go up in between the time of driving and the time of testing since your BAC continues to rise for a period of time after you have your last drink. if you were close to the legal limit, this can be a good defense if there was any delay at all between you being pulled over and you being tested for DUI. 

There may also be other defenses you can raise against DUI charges as well. If you have been charged with a DUI, it is in your best interests to consult with a lawyer as soon as you can. 

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.

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