If you were recently arrested for a DWI in which you were, in fact, over the legal limit, you may still be able to defend yourself against the charges. In some circumstances, you might be able to claim an entrapment defense, depending on the nature of your arrest and what led up to you actually driving your vehicle. Here's a look at the basics of what you need to know.
What Exactly Is Entrapment?
Entrapment occurs when you are coerced or pushed into committing a crime at the urging of law enforcement, then subsequently arrested for committing that crime. In order to prove entrapment in your case, you will have to be able to document a couple of things in court.
First, you will have to show that you had absolutely no intention of driving at the time when the DWI arrest occurred. Second, you will have to prove that the only reason that you did end up driving while intoxicated was directly because of the actions of the officer who arrested you. Basically, entrapment must be a situation in which the crime was the idea of the officer involved, and your commission of the crime would not have occurred were it not for that officer.
What Kinds Of Situations Could Qualify As Entrapment?
There are many different situations that may qualify as entrapment for your DWI arrest. It really comes down to the details of what occurred.
For example, if you are sitting in your vehicle with the engine off and the windows up, and you've told the officer you were sitting there because you were intoxicated, then the officer asks you to start the car and put your window down, he or she could legally at that point arrest you for DWI because you are then intoxicated behind the wheel of a running vehicle. However, the vehicle never would have been running if the officer hadn't asked you to turn the engine on to put the window down.
Another situation where you may be able to claim entrapment is if you are, again, sitting in your car with the engine off, awaiting someone to arrive at their home in an effort to stay with them so that you don't have to drive intoxicated, and the officer tells you that you need to leave the premises after being informed that you had been drinking and were waiting for someone to come home. If the officer then arrests you for DWI when you try to follow his orders and leave the premises, you may have grounds for entrapment.
It's always best to talk with a DWI attorney about your case right away, especially if you believe you can claim entrapment as a defense. He or she will review the facts of the case and help you understand if it is an entrapment situation.