JAN 28, 1985
S concerning two questions. Under subsection(a) , is the statement 'the test shall be administered at the direction of a law enforcement officer who # has apprehended a person while driving a motor vehicle upon the public highways of this State while under the influence of intoxicating liquor, ' considered to be a mandate that a chemical test to determine the alcoholic content of blood must necessarily be given? When a person who has been arrested for DUI does not request a chemical test and is not given one by the arresting officer, must the trial officer render a directed verdict of acquittal?
Requested by: Osborne L. Morris, Chief of Police, Moncks Corner Police Department
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