South Carolina law requires police officers to record all DUI stops. These recordings can play a key role in DUI cases—and they can help either side depending on what they show. If the police fail to comply with South Carolina’s recording requirement, this can have varying implications as well. Keep reading to learn more from experienced North Charleston DUI lawyer Rad S. Deaton.

South Carolina’s DUI Stop Recording Law

South Carolina’s DUI stop recording law appears in Section 56-5-2953 of the Code of Laws. The law begins by stating: “A person who violates [South Carolina’s DUI law] must have his conduct at the incident site and the breath test site video recorded.”

This establishes an affirmative requirement for the police to record all DUI stops (although there are exceptions, as discussed below). With regard to the “incident site,” Section 56-5-2953 states that recordings must:

  • Begin when the police activate their blue lights,
  • Include any field sobriety tests (FSTs) administered,
  • Include the DUI arrest (or probable cause determination in the case of a felony DUI), and
  • Include the officer reading the DUI suspect’s Miranda rights.

With regard to the “breath test site,” Section 56-5-2953 states that recordings must:

  • Include the DUI suspect being informed that he or she is being recorded,
  • Include the DUI suspect being informed that he or she has the right to refuse the test,
  • Include the DUI suspect’s conduct during the 20-minute pre-test waiting period (“unless the officer submits a sworn affidavit certifying that it was physically impossible to video record this waiting period”), and
  • Include the DUI suspect taking or refusing the breath test and the entire breath test procedure (including the actions of the breath test operator while conducting the test).

Since the police are required by law to record all DUI stops, failure to record a DUI stop can raise questions about why it wasn’t recorded—and these questions can serve as defenses to DUI charges in some cases. However, Section 56-5-2953 states that, “[f]ailure by the arresting officer to produce the video recording required by this section is not alone a ground for dismissal,” if the arresting officer provides a sworn affidavit that:

  • Certifies the video recording equipment at the incident site or breath test site was inoperable,
  • States that reasonable efforts were made to maintain the video recording equipment in operable condition,
  • Certifies that there was no other operable breath test facility available in the county; or, alternatively,
  • Certifies that it was “physically impossible” to record the incident site or breath test site because the DUI suspect needed emergency medical treatment or due to other exigent circumstances.

In other words, while the police are required to record DUI stops in most cases, there are exceptions. If any of these exceptions apply, then failure to record a DUI stop is not grounds for dismissal. Otherwise, however, if the police don’t record your DUI stop and arrest, their failure to do so may provide you with a complete defense to your DUI charge in court.

How the Recording of Your DUI Stop Can Impact Your Case

But, let’s say the police recorded your DUI stop. If prosecutors have footage of your arrest, what does this mean for your case?

The short answer is, “It depends.” While prosecutors can use footage of a DUI stop to prove guilt in some cases, you may also be able to use the footage of your arrest to prove that the police violated your rights or raise reasonable doubt about whether you were driving under the influence. For example, some of the ways an experienced DUI lawyer may be able to use the footage of your arrest to your advantage include:

  • Showing that the police lacked reasonable suspicion to pull you over,
  • Showing that the arresting officer improperly administered the breath test or FSTs,
  • Showing that you passed the FSTs despite what the arresting officer reported, and/or
  • Showing that you were interrogated in custody without being read your rights.

All of these can raise issues with the prosecution’s case against you; and, if the judge or jury is not convinced beyond a reasonable doubt that you deserve to be convicted, you are entitled to walk free. Of course, there are no guarantees, and it will be up to you (or your DUI lawyer) to raise any issues with the footage of your arrest effectively.

You Are Entitled to Review the Footage of Your DUI Stop

This brings us to another key point: You are entitled to review the footage of your DUI stop after your arrest. If the police or prosecutors cannot produce the footage (or if they refuse to do so for any reason), this will raise serious questions about whether you deserve to be convicted. Usually, however, you will be able to obtain a copy—and then you and your DUI lawyer will need to review the footage to determine its implications in your case.

The Footage of Your DUI Stop Won’t Be the Only Evidence Available

Finally, while it is important to make informed and strategic decisions about how to deal with the footage of your DUI stop (assuming the footage is available), it is also important not to forget that this won’t be the only evidence prosecutors are trying to use against you. To avoid a conviction, you may need to address various other forms of evidence as well. Here too, an experienced DUI lawyer can help you understand your options—and then you can rely on your DUI lawyer to fight your charge by all means available.

Discuss Your Case with North Charleston DUI Lawyer Rad S. Deaton

If you are facing a DUI charge, we encourage you to contact us promptly for more information. We handle DUI cases throughout the Lowcountry. To discuss your case with experienced North Charleston DUI lawyer Rad S. Deaton in confidence as soon as possible, call us at 843-225-5723 or tell us how we can reach you online now.