If you encounter a DUI checkpoint, you might not have much time to think about how to preserve a record of the interaction. Planning ahead can help you protect useful evidence without creating additional safety or legal concerns. Here are practical steps to consider before and during a stop.
Set up your dashcam before driving
A dashcam can record your approach to a checkpoint and your interaction with officers. South Carolina’s hands-free law allows drivers to use devices solely for continuous recording, such as dashcams, so you can use your camera instead of your phone to capture the encounter.
Before driving, check that it works, has enough storage space and saves footage you can retrieve later.
Know the limits of phone recordings
Do not plan to hold your phone and film while driving. South Carolina’s hands-free law restricts drivers from holding or supporting a mobile device while operating a vehicle, with limited exceptions.
A passenger may be able to record the encounter, but recording laws still apply. South Carolina generally allows recording an in-person conversation when one participant consents, although privacy expectations can affect whether consent is required. Any recording must also avoid interfering with officers or their instructions.
Keep a record without making sudden movements
Prioritize following lawful instructions and keeping your hands visible rather than suddenly reaching for a phone or other recording device. Once you can safely do so, write down the time, location, sequence of events and anything you remember officers saying. Ask passengers to preserve their own recordings or notes, if they have any.
Protect your rights at a checkpoint or when facing DUI charges
Dashcam footage, passenger recordings and written notes can help you preserve evidence of what happened at a DUI stop, especially if you are facing potential charges. South Carolina law also requires video recording of certain parts of a DUI investigation, subject to exceptions. An attorney can review available police footage alongside your own records and explain whether the evidence raises any legal issues.
