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Home / Courts / Criminal Practice – DUI – Breath Test Video Recorder – Turned Off – Test Refusal (access required)

Criminal Practice – DUI – Breath Test Video Recorder – Turned Off – Test Refusal (access required)

State v. Elwell Defendant was arrested for driving under the influence of alcohol, but he refused to take a breath test. The state was not required to continue videotaping after defendant’s refusal. We reverse the trial court’s holding that the state failed to comply with S.C. Code Ann. § 56-5-2953(A)(2)(d) by turning off the breath test video recorder after defendant refused to take the test and before the expiration of 20 minutes. We remand for trial.

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