Client rear ended an SUV and caused it to flip over on its side. Officers arrived and noticed that defendant had an odor of alcohol on his breath and his speech was slurred. The officer also noticed that the defendant’s eyes were bloodshot. The officer requested that the defendant perform field sobriety exercises. He refused, was arrested and taken to the station where he submitted to a breath test. His results were a .098. After we successfully had the results of the breath test thrown out of court, the state decided to drop the DUI.