DUI entrapment is a term that describes the process by which a police officer or someone else within the government leads a person to commit the crime of driving under the influence of drugs or alcohol. There are many aspects of this law that can be misinterpreted. For this reason, individuals are encouraged to hire an attorney to fight charges in which he or she feels the case is entrapment.
Defining Entrapment
In order for a DUI charge to be entrapment, a government officer or agent must in some way lead an individual to the crime, giving or encouraging the individual to commit the crime. Then, the individual commits the act at which time a police officer or government agent arrests the individual for the crime. Entrapment may be a police officer escorting someone who just drank alcohol to a vehicle, and allowing that individual to enter the vehicle.
Proving DUI entrapment is very difficult to do. There are several key factors to remember when trying to prove this occurred:
- The government agent must knowingly lead the individual to the vehicle.
- The individual charged in the crime must not have had a predisposed disposition to drive under the influence.
- The government agent must know the individual was drinking or was otherwise intoxicated before leading the individual to the vehicle.
It is also important to note that many people mistake acts such as a police officer circling a bar parking lot as some form of entrapment. It is not. An officer who is monitoring a parking lot or watching individuals who appear to be intoxicated is not leading the individual to get into the vehicle and to drive away. The officer is not encouraging the illegal behavior in anyway.
States have DUI entrapment laws, as they have other types of entrapment laws. However, proving your case in a court of law will be difficult. Individuals must prove that the defendant was innocent of the crime and prove the intent of the government agent to somehow aid or encourage the individual to commit the crime.
Hiring an Attorney
In legal cases such as this, it is incredibly important for individuals to hire an attorney. Proving DUI entrapment is quite difficult, but is possible to prove in some circumstances. An attorney is best suited for proving such a case. Further, the experience and knowledge of the attorney can help provide the individual with the ability to fight such charges or to learn when the charges are in fact a form of entrapment. Consult an attorney.
