Many Florida drivers don't realize that their statements at a crash scene can usually be used against them in a criminal case. This puts drivers in a difficult position. You understand that you are legally obligated to report crashes involving injury, death, or property damage. You may want to be honest with the police, but you are worried about the potential consequences if you are charged with drunk driving.
Florida law recognizes this tension and provides limited protection for drivers who provide statements to law enforcement during crash investigations. The privilege aims to encourage truthful crash reporting without fear of criminal consequences. However, the protection is narrow and only applies in specific circumstances.
The experienced South Florida DUI defense lawyers at the Law Offices of Robert David Malove help clients understand if Florida's DUI accident report privilege applies to them and help clients protect their rights when they face drunk driving charges. Below are answers to some common questions about the Florida DUI accident report privilege.
What Is the Accident Report Privilege?
Florida's accident report privilege, outlined in Florida Statute 316.066(4), prevents statements made for the purpose of completing a crash report from being used in criminal cases. This typically includes basic facts about how the crash occurred, such as which driver had the right of way.
The statements about the accident are privileged and cannot be used against a person in a criminal case unless the police officer: (1) tells the person that the accident investigation is completed and a criminal investigation is starting; and (2) Miranda warnings are provided.
It’s important to note that any statements about a driver's alcohol consumption or impairment are fair game for a DUI investigation and prosecution. For example, if you tell the officer you had three beers before driving, that admission can be used against you in a DUI case, even if you made the statement while the officer was filling out the crash report.
When Does the Privilege Not Apply?
It's crucial to understand the limits of the accident report privilege. The protection does not apply to:
- Statements made spontaneously or outside of the crash investigation
- Physical evidence of impairment, such as slurred speech or bloodshot eyes
- Field sobriety test results
- Chemical test results, such as blood alcohol content (BAC) measurements
- Statements made after a DUI investigation has begun
Essentially, once the interaction shifts from a crash investigation to a criminal inquiry, the accident report privilege no longer applies. Any incriminating statements from that point forward can be used as evidence in a DUI case.
What Should You Do After a Crash?
If you've been drinking and are involved in a crash, the most prudent course of action is to limit your interaction with law enforcement. Provide the basic information required for the crash report, but do not volunteer details about your alcohol consumption or activities before driving.
Some key tips:
- Be polite but firm in asserting your right to remain silent.
- Decline field sobriety tests, as you are not legally required to perform them.
- Request to speak with a South Florida DUI defense lawyer before answering questions.
- If arrested, do not resist or argue. Remain calm and comply with instructions.
- Contact an experienced South Florida DUI defense lawyer immediately to protect your rights.
Remember, anything you say can be used against you -- and officers are not obligated to inform you of the limits of the accident report privilege.
When Should You Contact a South Florida DUI Defense Lawyer?
If you've been arrested for DUI after a crash in South Florida, you need an aggressive legal advocate on your side as soon as possible. Attorney Robert Malove is a founding member of the National College for DUI Defense and an experienced DUI defense lawyer.
While each case is unique, we encourage you to read our case results and client testimonials to learn more about how we’ve helped other Floridians facing DUI charges in Fort Lauderdale, Fort Myers, Palm Beach, Key West, and elsewhere in South Florida. In one successful DUI defense case, the opportunity to use the accident report privilege to suppress evidence appeared to be enough to get the prosecution to reduce DUI charges to reckless driving.
