The Videotape Law

South Carolina is the only state in the nation with mandatory videotaping by the arresting officer of the arrest and breath test.

A videotape is the most accurate, honest, representation of what it sees and hears; "videos do not lie."

The law requires that the tape begin no later than the activation of the officer’s blue lights and conclude after the arrest of the person for DUI and must include the person being advised of his/her Miranda Warnings, if required by state or Federal law, before any field sobriety tests are given. The failure to read the rights on tape can result in suppression of the videotape.

The videotaping at the breath site must be completed within three (3) hours or the breath test will be subjected to suppression. The breath site video must also include the reading of Miranda and the entire breath test procedure; i.e., the reading of the implied consent warning, checking the mouth, waiting 20 minutes, informing the defendant of the videotape recording, and letting the defendant know he or she can refuse the test.

If there is no way to videotape the proceedings, the officer must fill out a sworn affidavit certifying that it was physically impossible to videotape this waiting period. The arresting officer may administer the breath test if he is certified and the 20 minute observation period is videotaped.

If videotaping by law enforcement is not conducted pursuant to statute when it could have been (i.e., if law enforcement does not do it and could have done it), then the case can be dismissed. However, if the proper affidavits are filed explaining with sufficient reason, then failure to videotape is excused.