Supreme Court of Delaware

Serrano v. State

September 29, 2021

Summary

The Court affirmed Serrano’s DUI conviction, holding that her challenge to the foundation for the horizontal gaze nystagmus test was waived because it was not presented to the Superior Court. It further held that the cold weather affected the weight, not the admissibility, of the walk-and-turn and one-leg-stand tests, and that the remaining circumstantial evidence was sufficient to prove impairment beyond a reasonable doubt.