Bease v. State

In Bease v. State, 884 A.2d 495, 499-500 (Del. 2005), the Delaware Supreme Court concluded that probable cause was established, prior to the defendant's performance of any field tests, where the defendant "spoke in a rapid manner to the arresting officer, smelled of alcohol, admitted that he consumed alcoholic beverages the night before, had bloodshot and glassy eyes, and had just committed a traffic violation by making an improper lane change in an abrupt manner." In Bease , the Court held that an odor of alcohol, bloodshot and glassy eyes, rapid speech and a motor vehicle violation was sufficient to find "probable cause." In Bease v. State, the Delaware Supreme Court held that probable cause existed to administer the intoxilyzer when there was: (1) a traffic violation; (2) a smell of alcohol; (3) rapid speech; (4) admission to drinking; (5) bloodshot and glassy eyes; and (5) a failed alphabet test.