seen in our data above. Our discussions with our informed experts are our best source of information as to why cases get plead down, and they’ve helped us identify this list of primary factors. 1. South Carolina’s Dash Cam Video Recording Statute. By all accounts, South Carolina has the nation’s strictest law ( 56-5-2953 ) regarding the significance of in-car video (dash cam) footage to the prosecution of a DUI case. While dash cam footage of the arrest process is used in many states, South Carolina places unique emphasis on its presence and completeness to the extent that generally there cannot be a conviction without a video and even minor imperfections in the video can preclude getting a conviction, despite the presence of other strong evidence. In other words, an officer can witness and record erratic driving behavior, smell alcohol on the person, hear an admission to drinking and driving, and have their shoes vomited on, but if their dash cam video is lacking, the case likely will be thrown out or pled down to reckless driving. Video problems could include faulty video or audio, parts of the arrest process being unclear or obscured, or even just portions of the person’s body being assessed for impairment being out of frame for short moments. Many cases are lost when Miranda rights are heard being clearly read to the offender on the audio recording but that does not appear within the video frame. No other crime requires on-camera reading of Miranda. It should be noted that many DUI arrests take place late at night on the side of active roadways. It is very likely that many cases will have unclear video due to lights, glare, shadows, imperfect angles, and inevitable mechanical malfunctions. An officer conducting an investigation out of the car cannot be expected to have perfect knowledge of what is being recorded. While recent higher court rulings have moved toward a more reasonable standard, more needs to be done legislatively to correct this issue. 2. Officer Error and Inexperience. As described above, South Carolina puts an especially high burden on an officer arresting someone for DUI because of the exacting procedures required by law. However, it is the current law of the land, and many officers excel at making strong cases despite the obstacles. Officers that do not put all of their training to use in an investigation can often hurt the prosecution and necessitate a plea to a lesser charge. Even experienced, diligent officers sometimes neglect to fulfill every requirement of the DUI investigation, but we are constantly hearing about high law enforcement turnover and more inexperienced officers being on the road. By investing in comprehensive and ongoing training for police officers, including legal knowledge, detection techniques, practical exercises, and collaborative initiatives, law enforcement agencies can significantly improve their effectiveness in detecting and apprehending DUI offenders. Enhanced training not only equips officers with the skills and knowledge needed to uphold road safety but also reinforces public trust in law enforcement's commitment to combating impaired driving. As DUI enforcement evolves with advancements in technology and legal standards, continuous training and
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