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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