Duress Defense in Florida DUI Cases

While rarely raised, the duress defense can serve as a powerful argument in select DUI (Driving Under the Influence) cases when a defendant’s conduct was not voluntary, but instead the result of coercion, threats, or fear of imminent harm.

Under Florida law, duress excuses a person from criminal responsibility if they were forced to act against their will to avoid death or serious bodily injury to themselves or another person.

In the DUI context, this defense may apply when a person drives or takes control of a vehicle while impaired only because they were threatened or compelled by another person, or because they were escaping imminent danger such as domestic violence or a violent confrontation.

Attorney for Duress Defense in DUI Cases in Tampa, FL

If you were charged with DUI but were forced to drive or acted under threat or coercion, contact an experienced Tampa DUI defense attorney to discuss whether the duress defense applies to your situation.

At the Sammis Law Firm, our attorneys have extensive experience defending clients accused of DUI under extraordinary circumstances, including cases involving duress, necessity, and involuntary control of a vehicle.

We know how to investigate threats, document coercive circumstances, and argue that your actions were not voluntary under Florida law.

Information Center

• Legal Definition of Duress Under Florida Law
• Elements of the Duress Defense in a DUI Case
• Examples of Duress in Florida DUI Cases
• Duress vs. Necessity Defense
• Florida Jury Instructions and Case Law
• Limits of the Duress Defense
• Related Defenses

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Legal Definition of Duress Under Florida Law

The duress defense is recognized under Florida common law and incorporated into Florida Standard Jury Instruction 3.6(k), which also covers the related defense of necessity.

To raise the defense, the defendant must show that their conduct was coerced by a threat of immediate harm and that no reasonable alternative existed other than to comply with the demand or flee the danger.

In the context of a DUI arrest, duress does not negate intoxication; rather, it argues that the act of driving itself was not a free and voluntary choice.

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Elements of the Duress Defense in a DUI Case

To successfully assert the duress defense, the defendant must present evidence establishing each of the following elements:

1. The defendant acted under compulsion, threat, or fear of death or serious bodily injury to themselves or another person;
2. The threat or danger was imminent, real, and impending, not remote or speculative;
3. The defendant had no reasonable opportunity to escape or avoid the threatened harm other than by committing the criminal act;
4. The defendant did not intentionally or recklessly place themselves in the situation that led to the duress; and
5. The defendant ceased the unlawful conduct, in this case, driving, once the immediate danger had passed.

If evidence supports these elements, the trial court may instruct the jury that duress constitutes a complete defense, requiring acquittal if proven by reasonable doubt.

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Examples of Duress in Florida DUI Cases

Although uncommon, certain factual situations can give rise to a duress defense in DUI prosecutions:

• Escaping Domestic Violence: A battered woman or domestic abuse victim drives away from her home while intoxicated to escape a violent partner threatening to kill or harm her. The act of driving was involuntary and performed only to avoid immediate harm.
• Fleeing from a Crime Scene or Threat: A person under threat of assault, kidnapping, or robbery gets behind the wheel after drinking to escape attackers or to protect another individual.
• Forced or Coerced Driving: An intoxicated person is ordered at gunpoint or under physical threat to drive a vehicle by another individual who uses them as a means of escape.

In each of these cases, the defense hinges on showing that fear of imminent harm, not voluntary choice, caused the defendant to drive.

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Duress vs. Necessity Defense

Although duress and necessity share similar features, they are distinct defenses under Florida law.

Both defenses require immediacy of danger, lack of reasonable alternatives, and termination of the illegal act once the danger ends.

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Florida Jury Instructions and Case Law

Florida Standard Jury Instruction 3.6(k)

The Florida Supreme Court has approved a standard jury instruction for duress and necessity, which states in part:

“It is a defense to the offense charged if the defendant acted under compulsion or duress that was present, imminent, and impending, and which would induce a well-grounded fear of death or serious bodily harm if the act was not done. The defendant must not have recklessly or voluntarily placed themselves in a situation in which they would be forced to engage in the unlawful conduct.”

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Limits of the Duress Defense

Florida courts interpret the duress defense narrowly. It will generally not apply if:

• The threat or harm was not immediate or could have been avoided by calling 911;
• The defendant voluntarily created the circumstances of danger, such as by drinking excessively in a volatile environment;
• The defendant continued to drive after the threat subsided; or
• The defendant had reasonable alternatives, such as seeking shelter or assistance.

Even when duress does not result in a full acquittal, it can support mitigation arguments at sentencing, showing that the defendant’s conduct was not willfully criminal.

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Related Defenses

Necessity Defense – Applies when the defendant acted under natural emergency conditions to prevent greater harm (e.g., driving an injured person to safety).

Lack of Voluntary Act – The defendant did not consciously or voluntarily take control of the vehicle.

Actual Physical Control Challenges – The defendant was not “in actual physical control” of the vehicle when the police arrived.

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Contact Our Tampa DUI Defense Lawyers

Call (813) 250-0500 today to schedule a free and confidential consultation with an attorney at the Sammis Law Firm.

We represent clients throughout Hillsborough County and the greater Tampa Bay area, including Brandon, Clearwater, St. Petersburg, Pasco County, and Polk County, FL.

If your decision to drive was made under threat, fear, or compulsion, our legal team will fight to protect your rights and ensure your case is judged fairly under Florida law.