Lefebvre v. State, 2011 Del. LEXIS 218

Lefebvre was arrested for DUI in Sussex County on February 12, 2009; she moved to suppress the intoxilyzer (breath) test results arguing lack of probable cause; Superior Court denied suppression; trial proceeded by stipulation admitting suppression hearing evidence and Lefebvre’s BAC result; court convicted Lefebvre of Driving Under the Influence under Del. Code Ann. tit. 21, §4177(d)(3) and sentenced her accordingly; Lefebvre appeals alleging error in denial of suppression; she concedes probable cause existed before field tests, but argues later field test results negate that probable cause.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether probable cause to arrest for DUI existed before field tests.	Lefebvre conceded probable cause existed pre-testing.	State argues pre-existing probable cause remained despite any favorable field-test results.	Probable cause existed before field tests.
Whether passing standardized field sobriety tests can negate pre-existing probable cause.	Passing tests constitutes 'innocent explanations' that negate probable cause.	Field test results may modify, but do not negate, pre-existing probable cause under totality of the circumstances.	Field tests do not negate pre-existing probable cause; can be considered but do not extinguish it.
Whether the trial court properly applied the totality of the circumstances standard.	Totality prohibits segmenting evidence; weigh all factors including passed tests.	Majority improperly segments evidence; considers all admissible facts in toto.	Court correctly applied totality; suppression affirmed/conviction upheld.

Bease v. State, 884 A.2d 495 (Del. 2005) (probable cause when combined factors include odor and traffic offense)
Maxwell v. State, 624 A.2d 926 (Del. 1993) (probable cause and totality analysis guidance; considers police observations and inferences)
Clendaniel v. Voshell, 562 A.2d 1167 (Del. 1989) (totality of the circumstances requires considering all evidence available)