Video Recording is Mandatory in South Carolina
South Carolina’s DUI law requires the arresting officer to videotape a defendants’ conduct at the incident site including the DUI arrest and any testing. DUI videotaping must begin as soon as the blue lights are turned on unless some exigent circumstances exist.
The video recording 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 video recording or dismissal.
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 breath test will be video recorded, and
- informing the defendant that he/she can refuse the breath test.
If the proceedings cannot be video recorded, the officer must complete an affidavit certifying that it was physically impossible to video record the 20-minute waiting period, or that exigent circumstances exist.
If law enforcement fails to video record the stop, arrest, and/or fails to video record 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. It’s awarded the highest Martindale-Hubble ranking and collectively holds more than 50 years of complex litigation experience.