The defendant was stopped by officers for unlawful speed and upon being stopped began to drive off the roadway. Upon making contact with the defendant, officers noticed an odor of an alcoholic beverage, the defendant\’s eyes were bloodshot and dilated, slurred speech and that he had an inability to maintain proper balance. The defendant was asked to participate in roadside sobriety exercises and stated \”I don\’t think I would be able to do them in my condition\”. The defendant refused all exercises and the breath test. The State dropped DUI charges.