The State of Colorado has strict laws when it comes to driving under the influence of alcohol (DUI). In certain cases, police officers have been known to entrap drivers, which is causing an individual to commit a crime that they would not have otherwise done. While this is rare, many people have a false understanding of the actual crime of entrapment. Learn more about DUI entrapment and how to defend yourself.
Entrapment is causing an individual to actually commit a criminal act or offense by planning an opportunity for a person to commit a crime that they normally would not have committed. If not for the police officer’s trickery, fraud, or persuasion, the person would not have committed the crime. As a result, a DUI checkpoint is not considered entrapment. A DUI checkpoint does not induce a normally law-abiding citizen to suddenly drive while intoxicated, but rather simply checks to see if drivers on the roadways are operating a motor vehicle under the legal blood alcohol concentration limit required by law.
In other cases, people wrongly believe that if a police officer parks their patrol vehicle outside a bar or other establishment that serves alcohol, this is considered entrapment. Again, the police officer is not forcing any person to go into the bar or restaurant through any type of persuasive or fraudulent means. They are simply waiting outside of the bar or restaurant to see if any person drives their vehicle from the establishment while intoxicated. This would not prove to be entrapment under the legal definition. The police officer has not forced the person to drink and drive, and therefore, it is not considered entrapment under the law.
However, DUI entrapment in the State of Colorado does occur. If a person goes into a bar to drink and believes that they may have had too much alcohol, they have the legal right to wait to drive their vehicle until they believe they are no longer intoxicated. If a police officer approaches this person and forces them to drive out of the parking lot and then immediately stops the driver for operating a motor vehicle under the influence of alcohol, this would be considered entrapment.
While entrapment cannot be used as a defense in most circumstances, if you were told by a law enforcement officer that you needed to drive your vehicle when you decided not to as a result of your intoxication levels, you have the legal right to pursue a DUI entrapment defense.
If you are facing a DUI charge in the State of Colorado under unique circumstances such as the ones described above, contact the experienced criminal defense attorneys at The Moorhead Law Group at 303-447-1400 or online today to discuss your legal options and your next steps.