When you’re pulled over and arrested under South Carolina DUI laws, one of the most important questions your defense attorney may ask is, “Was your DUI arrest on video?”

In South Carolina, the answer to that question can seriously affect the outcome of your case.

Under the SC DUI video recording law, police must follow strict guidelines. The presence—or absence—of a clear, non-blurry, accurate DUI arrest video and audio can influence whether key evidence is admitted in court.

In some cases, a missing or incomplete DUI roadside traffic stop, and/or field sobriety test video could lead to a reduced sentence—or even a complete DUI dismissal in South Carolina.  This could be true regardless of what you blew or did not blow on the breathalyzer.

Here’s what you need to know about video and audio evidence in DUI cases and how it may affect your legal defense.

The Legal Requirement for DUI Video Recordings

South Carolina has some of the strictest DUI video and audio recording laws in the country.

According to S.C. Code Ann. § 56-5-2953, law enforcement officers are required to make a video recording of both the traffic stop and the breath test procedure during a DUI investigation.

This law mandates that the video and audio must capture:

• The activation of the officer’s blue lights initiating the DUI traffic stop
• The administration of standardized DUI field sobriety tests
• The actual arrest
• The officer administering your Miranda Rights
• The complete breath test video, including a 20-minute observation period and the test results (if you blew).  If you did not blow, the entire 20-minute observation period does not need to be captured on audio/video.

If any of these critical moments are missing, it could change the outcome of your DUI.  There are some exceptions carved out in SC Law, such as malfunctioning video/audio equipment. Still, the burden is on the State to comply with the video/audio recording statute in those situations.

Why the Video/Audio Matters in Your SC DUI Case

Your DUI arrest video is one of the most powerful tools in determining what really happened and what your defenses will be to your SC DUI case.

Here’s why SC DUI video footage matters:

1. Verifying or Establishing Probable Cause

To arrest someone for DUI, the officer must have probable cause. If your DUI arrest started with a traffic stop, the reason for the traffic stop is key in establishing that cause.

For example, did you swerve outside the yellow middle line of the road? If so, was that captured on the officer’s dash cam video recording system?

Typically, the video recording begins 30 seconds prior to the officer turning on his/her blue lights.  The video/audio recording system is integrated with the blue lights’ mechanics in the patrol car’s electronic system.

Once you are pulled over, the audio and video recordings of the officer should record your performance on the DUI Field Sobriety Tests.

The recordings can also capture other things, such as whether your speech seems slurred, whether your eyes appear bloodshot, how coordinated you are walking, getting out of your vehicle, or whether you need assistance finding the correct documentation when asked, such as your driver’s license and registration.

A video allows the court to review what, if anything, you did wrong to establish a reason for pulling you over, not just taking the officer’s word for it.

2. Confirming Miranda and Implied Consent Warnings

A law enforcement officer in SC is required to read you your implied consent rights so that you can determine whether or not you want to give a breath, urine or blood sample.  The reading of these rights must be captured on audio and video recording under SC law for DUIs.

There are exceptions to this general rule, such as if you are in a vehicle accident and taken away by ambulance from the scene, but there is case law to deal with those types of situations as well.

The breathalyzer room video can confirm or deny whether law enforcement followed correct procedures and properly advised you of your Implied Consent Rights under South Carolina DUI laws.

3. Evaluating Your Behavior

Officers may write in their report that you had indicators of being drunk and/or high, such as slurred speech, bloodshot eyes, bad coordination, or poor balance.

The video gives your DUI defense attorney in South Carolina the chance to potentially challenge the officer’s claims with visual and audio evidence.

4. Reviewing the Breath Test Procedure

If you decide to give a breath sample after your SC DUI arrest, South Carolina DUI law requires a 20-minute observation before the breath test is given. A proper breath test video shows whether officers followed protocol, which can be vital to your defense.

For example, officers are required to check the inside of your mouth to determine if you have any removable dental work.  The video would show the officer performing this requirement, rather than the Court just taking the officer’s word for it.

What If There Is No Video?

Suppose the DUI traffic stop video or breath test video is missing. In that case, that doesn’t automatically mean the case will be thrown out—but it could significantly impact the State’s/prosecution’s case.

The burden is on the state to prove that the lack of video was unavoidable.  The reasons the State gives must comply with the statute. A sworn affidavit is required in this scenario.

The affidavit itself must comply with general affidavit requirements, such as being properly sworn and notarized.  The affidavit must be signed and dated by the officer in the presence of a valid notary public.

The notary must sign and date the document attesting that the officer showed his photo ID and write the expiration date of the notary’s seal..

Valid excuses might include:

• Whether the video and audio recording equipment was regularly maintained as required by statute.
• If the officer knew the audio/ video recording was malfunctioning, what specific steps did the officer take to remedy that problem?  It would be helpful to note the dates and times the officer took the equipment to be repaired, where it was repaired, and whether it was fixed.  If it wasn’t fixed, whether the officer used a different recording device or a police cruiser with functioning equipment on it in the meantime.
• Whether the officer informed his department supervisor of the malfunctioning audio/ video equipment
• Whether the driver required emergency medical attention, which prevented recording, the statute requires some specifics if this happens, such as who determined (some medical staff team member, EMT, a nurse, a doctor, etc) the driver needed to be taken away from an accident scene immediately in an ambulance, for example.

Suppose a judge finds missing audio or video on an SC DUI arrest unjustified. In that case, the prosecution may be prohibited from using specific evidence—possibly leading to a reduction in charges for a DUI, or even a dismissal of a SC DUI.

Challenging DUI Video Evidence

Your SC DUI defense attorney should carefully scrutinize any available video for:

• Missing footage
• Improperly conducted field sobriety tests
• Incorrect or missing legal warnings (such as implied consent warnings and/or Miranda warnings)
• Signs that law enforcement did not follow the statutory procedural requirements

Inconsistencies between the video and the officer’s report may raise doubts about the integrity of the arrest and help undermine the prosecution’s case.

Frequently Asked Questions (FAQs)

1. Does SC law require a DUI arrest to be recorded on video and audio?

Yes. Under S.C. Code Ann. § 56-5-2953, law enforcement officers must video record both the DUI traffic stop and the breath test procedure, unless specific exceptions apply.

2. What happens if the SC DUI video/audio is missing or incomplete?

If the audio or video is missing or incomplete, the prosecution must comply with SC law to explain why there’s missing or incomplete audio or video.  This is very important because we never really know if there’s audio or video compliance until an attorney obtains all the evidence in your case for you and reviews it.  If they can’t, key evidence may be excluded and the case could be dismissed or reduced from a DUI to some other lesser charge.

3. Can a video help my SC DUI defense?

Absolutely. A SC DUI arrest video can help verify how field sobriety tests were conducted, how you performed on the field sobriety tests, whether law enforcement correctly explained your rights, and how you behaved during the DUI stop and arrest.  This footage can potentially support your defense and possibly challenge the officer’s claims.

4. Do all SC police cars have DUI video cameras?

Yes, by 2025, most DUI enforcement vehicles in South Carolina are equipped with video recording systems, but technical malfunctions or special circumstances can sometimes prevent recording.  Should that occur, the burden is on the officer to comply with the statutory requirements, including a sworn affidavit, to explain why there is missing or incomplete video or audio.

5. How can I obtain the video from my SC DUI arrest?

Your SC DUI defense attorney knows how to obtain a copy of the video and audio from the prosecuting agency. This is routinely done and is part of something called the discovery process.

The Bottom Line: Video in a SC DUI Can Be a Game-Changer

A clear SC DUI arrest video often tells a more objective story than a police report. Thanks to the SC DUI video recording law, the presence—or justified absence—of video can play a crucial role in the success of your defense strategy.

Whether the video works in your favor or not, it’s essential to evaluate it early in your case so that your attorney can determine whether a dismissed or reduced DUI charge is possible.

If you’ve been arrested for a SC DUI, one of the first steps your attorney should take is to obtain any and all available DUI traffic stop video, audio, and breath test video. These recordings are the cornerstone of your defense.

Understanding your rights under South Carolina DUI laws can help you protect your future and help you understand what your potential defenses are.

Contact a South Carolina DUI Attorney Today

Don’t face DUI charges in South Carolina alone.

Contact a DUI defense attorney in South Carolina today to obtain and review your video evidence and discuss your legal options.

Contact us now to schedule a confidential DUI attorney consultation with Susan Williams and begin building your defense.