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  1. #1
    Gordon B. is offline Junior Member
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    Default What is probable cause for a DUI in Delaware?

    What does it take for an officer to have probable cause to arrest somebody for drunk driving in DE? Can an officer establish probable cause without doing field sobriety testing?

  2. #2
    Dan Jaffe's Avatar
    Dan Jaffe is offline Moderator
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    Default Probable cause for a Delaware DUI DUI Arrest

    Definitely check with a practicing DE attorney, but here's an excerpt from Miller v. State:

    In State v. Maxwell, we held that an accident, alcoholic odor, admitted alcohol consumption, and the defendant's dazed appearance constituted probable cause.
    Looks like Field Sobriety Tests are not necessary

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