State v. Squires

Harwell, Chief Justice:

We are asked to decide whether infrared spectroscopy constitutes a “chemical test” as contemplated by the implied consent statute, S.C. Code Ann. § 56-5-2950 (1991). We conclude that it does, and, in so doing, affirm appellant Linda Sue Squires’s conviction for driving under the influence.

I. FACTS

Early in the morning of December 1, 1991, a highway patrolman observed Squires driving erratically on a public roadway. He stopped Squires and asked her to perform a field sobriety test. After Squires failed the test, the highway patrolman placed her under arrest for driving…