DUI Videotaping Requirements in South Carolina
South Carolina Criminal Law is very specific about what must be done while videotaping a DUI arrest in this State. Every vehicle is equipped with a video camera and if not, the officer must sign an affidavit explaining why no video camera was present in his or her vehicle at the time of the arrest. DUI Videotaping Requirements in South Carolina change frequently .
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; videotaping must begin as soon as the blue lights are turned on.
Videotaping to Document a DUI Arrest
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 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:
- 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.
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.