What is the Accident Report Privilege in Florida?

April 28, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

When officers are preparing an accident report and suspect someone was illegally driving under the influence, are confessions they make to police admissible? This blog will explore the accident report privilege and address when statements made to officers while investigating a traffic crash are admissible in criminal court.

What is the Accident Report Privilege in Florida?

In Florida, the accident report privilege serves to exclude from evidence statements made by a driver involved in an accident to a police officer for the purpose of creating a crash report for that accident. This privilege is codified under Florida Statutes Section 316.066(4). It is intended to encourage drivers to provide accurate and complete information to law enforcement without fear that their statements will be used against them in subsequent legal proceedings. State v. Blocker, 360 So.3d 742 (Fla 4th DCA 2023).

Under Blocker, the accident report privilege applies specifically to statements made for the purpose of creating a crash report. It does not extend to other types of statements or evidence that may be gathered at the scene of an accident. For example, physical evidence or observations made by the police officer are not covered by the privilege and can be used in legal proceedings.

How Does It Impact DUI Cases?

While in the process of investigating an accident, an officer may strongly suspect a driver was illegally operating their vehicle while under the influence, even if the officer did not personally see them doing so. Under Florida’s “traffic crash exception,” police may arrest someone for DUI without a warrant if the suspected driver was involved in a vehicle crash and the officer develops probable cause that the driver broke a state traffic law. This includes if someone was driving under the influence before the accident.

But if someone confesses to DUI while on the scene of an accident during an investigation, is their statement rendered inadmissible because it was made during the creation of a crash report? The answer depends on whether an officer has taken that person into custody and read them their Miranda rights, and whether the statement is made in response to police questioning.

About Miranda Warnings in Florida

A Miranda warning is required when two conditions are met: someone has been placed in police custody, and is subject to interrogation by law enforcement. Thus, any pre-Miranda admission to operating a vehicle under the influence in response to questioning is inadmissible in court under the accident report privilege, so long as the officers were investigating the accident at the time. Wetherington v. State, 135 So. 3d 584 (Fla. 1st DCA 2014).

In Wetherington, officers did not see the defendant in actual physical control of the vehicle when they arrived at the crash scene. While investigating the accident, officers asked Wetherington if he was driving the vehicle before the crash, without reading a Miranda warning. Visibly under the influence, he answered in the affirmative and was arrested. 

Wetherington appealed his conviction, arguing his statement to police that he drove the vehicle was inadmissible at trial. Wetherington asserted that because had not been read his Miranda rights, his statement was inadmissible under the accident report privilege. The court agreed and reversed his conviction, remanding it to the lower court for a new trial. 

But this ruling does not mean that a suspect’s pre-Miranda confession to DUI at a crash scene is always inadmissible in court. This is only the case if the statement was made in response to law enforcement questioning during an accident investigation – not if someone volunteers the information. Perez v. State, 630 So. 2d 1231 (Fla. 2d DCA 1994).

In Perez, when officers arrived to investigate a crash, the driver exited vehicle and declared, “I’m a deputy sheriff and I f****d up.” Perez’s statement was considered a spontaneous admission, as it was not made in response to police questioning relating to the investigation of the accident. He was arrested and convicted of DUI after his statement was used against him in court.

On appeal, Perez argued his statement should have been deemed inadmissible at trial, citing the accident report privilege. But the court ruled against him, holding that because the inculpatory statement was not made in response to questioning, it was admissible. The court also noted the officers had not yet technically begun to create the accident report — the statement was made immediately upon their arrival at the scene before the investigation had commenced. Id.

In sum, the accident report privilege prevents inculpatory statements made in response to police questioning from being used against a DUI suspect in court under certain conditions. If someone admits to officers they were operating their vehicle under the influence before a crash in response to pre-Miranda questioning, this statement is likely to be inadmissible under Wetherington. 

However, such a statement is generally still admissible if made spontaneously (not in response to questioning) or if someone was taken into custody and read a Miranda warning before making the statement. Wetherington v. State, 135 So. 3d at 586. 

It is important to note that an officer may still make an arrest for DUI based on probable cause at an accident scene based on the crash exception to Florida’s misdemeanor warrant requirement. But if someone’s statements are found inadmissible under the accident report privilege, this can do serious damage to the State’s case.

Experienced DUI Defense Lawyers in Tallahassee, FL

Being charged with DUI or a related offense in Florida is very serious. A conviction could result in lengthy prison sentences and hefty fines. It is vital for someone facing these charges to find experienced and aggressive legal representation as soon as possible.

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the experienced criminal defense attorneys at Pumphrey Law have decades of experience fighting on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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