Videotaping to Document a DUI Arrest is Mandatory in South Carolina
South Carolina’s DUI law requires the arresting officer to videotape all aspects of the DUI arrest and any testing whether onsite or in the police station; DUI videotaping must begin as soon as the blue lights are turned on.
The videotape must document the person pulled for DUI being advised of his/her Miranda Warnings. The police officer’s failure to read the Miranda Rights on tape can result in suppression of the videotape in the event of a drunk driving trial.
The DUI videotape must document that the breathalyzer (breath alcohol test) was conducted within three (3) hours of being pulled for driving under the influence or the breath test results may be suppressed.
The breath site video must include the reading of Miranda and the entire breath test procedure including:
- the reading of the implied consent warning,
- checking the mouth,
- waiting 20 minutes,
- telling the defendant that the breathalyzer test will be videotape recorded, and
- informing the defendant that he/she can refuse the breathalyzer/breath alcohol test.
If the proceedings cannot be videotaped, the officer must complete a sworn affidavit certifying that it was physically impossible to videotape the 20-minute waiting period.
If law enforcement fails to videotape the stop, arrest, and/or fails to videotape any BAC test conducted at the police station, the case may be dismissed.
Contact a Columbia, SC DUI Attorney
Arrested for drunk driving? Criminal defense lawyers at the Strom Law Firm, LLC provide a free consultation to discuss the facts of a DUI case. Founded by a former U.S. Attorney, the team at Strom Law also includes a former Public Defender, and a former Assistant Attorney General and Richland County Assistant Solicitor. It’s awarded the highest Martindale-Hubble ranking and collectively holds more than 50 years of complex litigation experience.