• Sarasota Florida DUI Attorney
  • DUI Defense Sarasota County
  • Sarasota DUI Lawyer
Accident Report Privilege

In Florida, if there is an accident, a driver is required by law to stop and provide certain information. Sometimes, that information must be provided to law enforcement. But it is possible that providing that information to law enforcement would force a person to incriminate themselves. So Florida enacted a law to make sure that could not happen.

Florida Statute 316.066(7) provides that:

“Each crash report made by a person involved in a crash and any statement made by such person to a law enforcement officer for the purpose of completing a crash report required [by Florida law] shall be without prejudice to the individual so reporting. No such report or statement shall be used as evidence in any trial, civil or criminal.”

This means the information you tell to an officer when he is investigating a crash cannot be used against you. If the officer is investigating an accident, and thinks as a result of that investigation that you are driving under the influence, they must “switch hats.” This means an officer must tell you that they are no longer investigating the crash, but instead they are starting a criminal investigation. Miranda should be read. If an officer fails to “switch hats” your statements, and any evidence obtained as a result of those statements, may be suppressed.

At the offices of Finebloom & Haenel we investigate how the officer conducted your accident investigation. We make sure the officer followed the law. If the officer did not follow the law we file the motions to protect your rights! If you were arrested for DUI following a crash investigation, call us now at 941-404-5073.


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200 N Washington Blvd.
Sarasota, Florida 34236

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