Florida DUI Lawyer Blog

Florida DUI attorneys are often approached by clients claiming that following their arrest for DUI, they were not read their rights… i.e. “you have the right to remain silent…”

Pennsylvania v. Muniz is the most important case in defining when Miranda warnings are required and when they are not required in DUI cases. The Court recalled that Rhode Island v. Innis established the test for interrogation where statements are not made in direct response to questions. Officers' conduct may be considered interrogation if it is the “functional equivalent” of express questioning when considered from the perspective of the accused. Some responses may be considered a product of interrogation, but nonetheless, not require Miranda warnings (for more information and articles on Florida DUI, or if you have been arrested for DUI in Florida).

In considering this subject in Muniz, the Court recognized four categories of information that a defendant may provide. Those categories are: (1) answers to questions calling for biographical information; (2) answers to questions that require the defendant to make calculations based on knowledge of his past; (3) interactions between the defendant and the officer during field sobriety tests; and (4) defendant's comments in response to the officer's request that the defendant submit to a chemical test.

If you have questions about a DUI arrest in Broward County, Dade County or Palm Beach County, call our DUI defense office today and schedule a free consultation. For information Fort Lauderdale crime, see arrested in Fort Lauderdale.

The driver of a vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person must immediately stop his or her vehicle at the scene of the crash or as close thereto as possible and must forthwith return to, and in every event must remain at, the scene of the crash until he or she has fulfilled the general statutory requirements pertaining to giving information and rendering aid.
Many believe that leaving the scene of an accident will result in nothing more than a traffic ticket. The truth is however that a person who violates any of the above provisions commits a misdemeanor of the second degree.
The driver of any vehicle which collides with, or is involved in a crash with, any vehicle or other property which is unattended, resulting in any damage to the other vehicle or property, must immediately stop and must then and there either (1) locate and notify the operator or owner of the vehicle or other property of the driver's name and address and the registration number of the vehicle he or she is driving, or (2) attach securely in a conspicuous place in or on the vehicle or other property a written notice giving the driver's name and address and the registration number of the vehicle he or she is driving. The driver must, in either circumstance, without unnecessary delay, notify the nearest office of a duly authorized police authority.

Attorney Practice Tip: Criminal liability under the statute governing crashes involving property damage requires proof that the accident resulted in property damage; merely leaving the scene of an accident is not a crime.