When you are charged with driving under the influence, you have a number of defenses you can use to avoid being convicted. One of the more difficult ones to pull off is entrapment, where you try to prove the police tricked you into driving while intoxicated just so he or she could arrest you. While the odds of successfully winning your DUI case using this defense is very low, here are two times when it may work.
The Cop Told You to Drive Knowing You Were Intoxicated
You could make a good case for entrapment if you can prove the cop told you to drive even though he or she knew (or should have known) you were intoxicated. For example, the cop catches you sleeping in the backseat of your vehicle. Although you reek of alcohol and are stumbling around, he or she tells you to drive home only to pull you over two blocks later to issue you a DUI. Since the cop induced you to commit the crime, any evidence collected to prove your guilt would be thrown out and the case dismissed.
The challenge to winning in this situation is proving the police officer did, in fact, manipulate you into driving under the influence. Unless you have a recording of the cop's actions, the judge will have to decide who is telling the truth: you or the cop. Unfortunately, courts are prone to taking cops' words over defendants. You'll have to either provide incontrovertible proof the events happened as you stated or show the cop has a history of dishonest behavior to even the odds the case will go your way.
The Cop Encouraged You to Become Intoxicated and Drive
Another way an entrapment defense may work in your favor is if the cop manipulated you into drinking and then getting behind the wheel of a vehicle. This can happen in situations involving undercover law enforcement personnel. For instance, an undercover officer approaches you at a bar, plies you with drinks, and then badgers you until you agree to give the person a ride home, during which he or she signals to another cop to pull you over for DUI.
In this situation, you would have to show the officer was acting in his or her official capacity and induced you to engage in behavior you normally wouldn't (e.g. drink to excess or drive under the influence). Since multiple parties may be involved, you'll also have to prove they were all working together to entrap you, which will be challenging.
As you can see, entrapment isn't the best DUI defense because it can only be used in very limited situations. It's best to consult with a criminal defense attorney to develop a better strategy for avoiding a DUI conviction. For more information about this issue or help with your case, contact a lawyer like those at Winston C. Throgmorton, Attorney At Law.