Supreme Court of Delaware

Jennifer L. Lefebvre, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

April 26, 20112011 Del. LEXIS 218

Summary

The Court affirmed Lefebvre’s DUI conviction, holding that probable cause existed before field sobriety testing based on the officers’ observations and the totality of the circumstances. Favorable or mixed field-test results may dispel reasonable suspicion or establish probable cause when probable cause previously did not exist, but they do not negate probable cause already established before testing. Steele, Chief Justice, and Berger, Justice, dissenting, would have required consideration of Lefebvre’s successful field tests together with all other circumstances and would have found no probable cause.