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DUI Duress Defense under Florida Law

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.

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).

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