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DUI Videotaping Required in South Carolina

Columbia SC DUI Attorney

 DUI laws  is South Carolina require a police officer to record all aspects of a DUI arrest and any testing whether onsite or in the police station.

The taping  must start as soon as the blue lights are turned on.

Videotaping to Document a DUI Arrest

The videotape must include 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 videotape must document that the breathalyzer was conducted within three (3) hours of being pulled for driving under the influence or the breathalyzer results may be suppressed.

The breath site video must include the reading of Miranda and the entire breath test procedure including:

  • 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.

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.  Call the Strom Law Firm today for a free DUI case review. 803.252.4800