Duress Defense in DUI Cases

Although rarely used in DUI cases, the Florida duress defense can apply when someone forces another person to drive or take actual physical control of a motor vehicle while intoxicated or impaired.

In certain cases, a person may commit a DUI on an involuntary basis because of a particular set of circumstances that create an impending, imminent, and real danger to the defendant or another person the defendant is protecting.

In certain cases, a person may commit a DUI on an involuntary basis because of a particular set of circumstances that create an impending, imminent, and real danger to the defendant or another person the defendant is protecting.

The Florida duress defense may be available in a DUI case when the defendant had reasonable grounds to believe that the danger was impending, imminent, and real and drove under the influence for that reason. A standard jury instruction has been approved by the Florida Supreme Court for necessity and duress. See Florida Standard Jury Instruction 3.6(k).

For example, the duress defense might apply when a battered woman drives to escape an incident of domestic violence or when the victim of a crime drives away to avoid being further victimized.

The duress defense is different from the necessity defense in DUI cases, although the issues are sometimes related.

Contact a drunk driving defense attorney in Tampa, FL, to discuss how the duress defense might apply to your Florida DUI case.

Call 813-250-0500.

Back to top

Free Consultation

Submit this form to request a free and confidential consultation with one of our attorneys.

Our Office Locations

Tampa Office:

Sammis Law Firm, P.A.
1005 N. Marion St.
Tampa, FL 33602
(813) 250-0200

map + directions

New Port Richey Office:

Sammis Law Firm, P.A.
7509 Little Rd.
New Port Richey, FL 34654
(727) 807-6392

map + directions

Clearwater Office:

Sammis Law Firm, P.A.
14010 Roosevelt Blvd. #701
Clearwater, FL 33762
(727) 210-7004

map + directions

Our Attorneys

Leslie M. Sammis

Leslie M. Sammis

Jason D. Sammis

Jason D. Sammis

Joshua L. Monteiro

Joshua L. Monteiro

Dominique Celerin

Dominique Celerin

Katherine A. Aranda

Katherine A. Aranda

Idalis Vento

Idalis Vento

BBB accredited business rating A+
DUI Defense Lawyers Association - DUIDLA
National College for DUI Defense
National College for DUI Defense state delegate
The Florida Bar Criminal Law Section