South Carolina Supreme Court Clarifies Video Recording Requirements in DUI/Drunk Driving Cases


Both of these cases involved defendants arrested and charged with DUI/drunk driving in South Carolina. Both defendants’ arrests’ for DUI/drunk driving followed a traffic stop and failure to satisfactorily perform field sobriety tests. Subsequently, both defendants were offered a breath test, which they both lawfully refused. Both defendants verbally refused to offer a breath sample prior to the expiration of the 20 minute observation period which is required in South Carolina prior to providing a breath sample. In both cases, the police officers terminated or ended the statutorily required videotaping of the defendant concurrent with their refusal to take the test.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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