Entrapment is a defense used in DUI cases in which the subject being charged argues that an officer or agent of law enforcement induced the offense or infraction by causing the defendant to drive when he had no intention to do so. If the defendant is able to provide substantial evidence that the government did in fact induce the defendant into committing the crime and that they were not predisposed to commit the offense otherwise, then the State must prove beyond a reasonable doubt that the defendant was likely to commit the crime both prior to and independent of the law enforcement officers inducement.If there is evidence of law enforcement inducing the offense and no substantial evidence of predisposition of the defendant to commit the act without law enforcement’s involvement than the judge may rule in the defendant’s favor as a matter of law without further court proceedings and dismiss the case.
While in some cases an entrapment defense is appropriate, the state can argue certain factors such as a previous DUI record in order to display that the defendant was already predisposed to commit the crime. Therefore the defendant should proceed with caution in such cases. The state may use criminal history before or after, if near the time of the offense, as an argument for predisposition.
As a general rule, prior convictions for a DUI or prior DUI arrests are not admissible in a DUI case when the case is before a jury. If brought up it will cause a mistrial. Therefore, the state in that situation cannot bring up a prior DUI to show that the Defendant had a predisposition to commit the crime but they may do so in a Pretrial motion in front of the judge outside of the presence of the jury.In the end it boils down to the fine details surrounding your case, reach out to me to discuss your own specific situation and your most feasible defense approach!