Jennifer L. Lefebvre, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee — Steele, J…

Summary

The dissent concludes that probable cause for a DUI chemical breath test must be assessed by considering all available evidence together, including properly administered field-sobriety tests that the defendant passed. It criticizes the majority for relying on the defendant's qualified concession and for separating the evidence into temporal compartments. The dissent would have concluded that the totality of the circumstances did not establish a fair probability of DUI before the breath test.