Supreme Court of Delaware

Paula Miller, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

June 7, 20104 A.3d 371

Summary

The Supreme Court of Delaware affirmed Miller’s convictions for driving under the influence and following too closely. It held that, even excluding the portable breath-test and horizontal-gaze-nystagmus results, the totality of the circumstances established probable cause to administer an intoxilizer test and arrest Miller. The court relied on the accident, alcohol odor, glassy and watery eyes, admission of drinking, and failed physical sobriety tests.