🚓 Understanding Florida’s Accident Report Privilege

If you were involved in a traffic crash in Florida and later charged with a crime—such as DUI or leaving the scene—you might be surprised to learn that some of your own statements can’t be used against you.

That’s thanks to Florida’s accident report privilege under Fla. Stat. § 316.066.

Here’s what this law means—and how it can make or break a criminal traffic case.

⚖️ What Is the Accident Report Privilege?

Under Florida law, police officers investigating a crash may compel drivers and passengers to make statements about the accident. Because those statements are not considered voluntary, they are:

❌ Not admissible in a civil or criminal trial
❌ Not usable to prove who was driving
✅ Protected under Florida Statute § 316.066

This privilege exists to encourage cooperation during crash investigations—but it also protects your rights if criminal charges follow.

🧾 When Does This Privilege Matter?

This legal protection is especially important in DUI or hit-and-run crash cases. Here’s why:

The driver may no longer be inside the vehicle when police arrive
Officers conduct a crash investigation first, then a DUI investigation
If the defendant admits driving only during the crash report, that statement is protected
If no one else saw who was driving, the State may lack admissible proof

Without that key admission or a wheel witness, the prosecution may struggle to prove who was behind the wheel.

🚫 What Does the Accident Report Privilege NOT Protect?

There are limits. The following statements and evidence are not protected under the privilege:

🧍‍♂️ Eyewitness accounts from people not involved in the crash
📝 Statements made during a criminal investigation
💨 Field sobriety, breath, and blood test results
🛣️ Physical evidence at the scene (e.g., skid marks, bottles, vehicle damage)
🕵️ Identifying the driver if the accused denies being at the scene

🚔 Why Officers Must Clarify When the Crash Investigation Ends

One key legal requirement: Before transitioning from crash to criminal investigation, officers must clearly inform you that the accident investigation is over.

If they fail to do so, any statement you make afterward could be improperly admitted—and a skilled defense attorney may be able to suppress that evidence or dismiss the case entirely.

📌 Related: 👉 Motion to Suppress in Florida Criminal Cases

📞 Contact Michael White, P.A. — Fort Lauderdale Defense Attorney

If you’ve been involved in a crash and are now facing criminal charges, you need a defense lawyer who understands how to use Florida’s accident report privilege to your advantage.

As a former prosecutor, Michael White, P.A. knows how the State builds these cases—and how to take them apart.

📲 Call (954) 270-0769 or schedule your free consultation to discuss your case today.

💬 Frequently Asked Questions: Florida’s Accident Report Privilege

Q1: What is Florida’s accident report privilege?

A: It’s a legal rule under Fla. Stat. § 316.066 that protects statements made by drivers, vehicle owners, or occupants during a crash investigation from being used in court.

Q2: Can police use my statements during a crash report against me in a DUI case?

A: No. If the statements were made during the crash investigation, they’re protected by the accident report privilege and generally not admissible in a criminal trial.

Q3: Are eyewitnesses protected under the accident report privilege?

A: No. Only people involved in the crash are covered. Eyewitnesses who weren’t in any of the vehicles can testify, and their statements are fully admissible.

Q4: What kind of evidence isn’t protected under this privilege?

A: Field sobriety test results, breath tests, blood tests, scene evidence (e.g., skid marks, bottles), and statements made during the criminal investigation phase are not protected.

Q5: Can my case be dismissed if the officer failed to separate the crash and criminal investigations?

A: Possibly. If the officer didn’t clearly state the transition from crash to criminal investigation, your attorney may be able to suppress statements or seek dismissal of the charges.