Entrapment Defense in Florida DUI Cases

Although not commonly used in DUI cases, the entrapment defense could be applicable in a DUI or drunk driving case under Florida law. This defense can apply if a law enforcement officer orders someone to drive or move a vehicle only to discover that the driver is actually impaired from alcohol or drugs.

The entrapment defense can also apply if a Florida law enforcement officer orders a man or woman to “sleep it off” in a vehicle. If a law enforcement officer then arrests the person for DUI for being in actual physical control of the vehicle, then the defendant can raise the entrapment defense as an affirmative defense at trial.

The subjective entrapment defense under Florida law for DUI cases would require:

1. The defendant shows by a preponderance of the evidence that a government agent induced the commission of the DUI;
2. Once the initial burden is shown then the defendant must show some evidence that he was not predisposed to commit the DUI (even if the trial court is not convinced of the merit of the defense);
3. After this showing, then the prosecutor must prove beyond all reasonable doubt that the defendant was predisposed to commit the DUI, both prior to and independent of the acts of the government agent.

See generally Munoz v. State, 629 So.2d 90 (Fla. 1993).

Currently, no Florida appellate cases address the entrapment defense as applied to drunk driving cases, although several out-of-state cases have addressed the issue on appeal.

Contact an experienced DUI defense attorney in Tampa, FL. for more information about whether a Florida entrapment defense might apply to the particular facts and circumstances of your case.