The defendant weaved out of his lane twice before cutting off another vehicle. This was all witnessed by an officer who was behind the defendant. After stopping the vehicle, the officer noticed that his breath smelled of alcohol and that he was slurring his words. The defendant admitted to drinking one beer. The officer located a half empty beer bottle that was still cold on the backseat floorboard. The officer requested the defendant to perform Field Sobriety Exercises and determined that the exercises were done poorly. The defendant was arrested and refused to provide a breath sample. The State dropped the DUI prior to trial.