Can Entrapment Be Used as a Defense Against DWI Charges?

Entrapment happens when police actions make a person commit a crime they would not have been likely to commit otherwise. Entrapment is usually defined as “the conception and planning of a crime by an officer, and their procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion or fraud of the officer.”

Many people who have been accused of DWI feel that their arrest falls under police entrapment. However, entrapment can be difficult to establish in these types of cases. A common example of entrapment in DWI cases is where an officer asks a person suspected of DWI to move their car, despite the vehicle already being parked with the ignition off. After moving the vehicle, the suspect is then arrested for doing so.

One of the things that makes an entrapment defense difficult to use in court, is that the consumption of alcohol carries a voluntary connotation in the eyes of prosecutors and juries. However, involuntary intoxication can be used as a possible defense against DWI charges. Involuntary intoxication is used when a defendant is dosed with drugs or alcohol without their consent or knowledge.

Courts tend to believe that a person accused of DWI is free to refuse when asked to drive a vehicle under the influence. This makes entrapment defense strategies hard to use in court. Additionally, some juries tend to not want to see local law enforcement as corrupt, and will often side with their authority in these kinds of cases.

Do you have more questions about how entrapment can be used as a DWI defense? We can help. Contact our College Station team of DWI lawyers to learn how we can assist with your case today.

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