The defendant was asleep in his vehicle behind a bar with the keys in the ignition and the engine running. An officer approached to make sure everything was ok. When the defendant responded, the officer noticed that he had an odor of alcohol on his breath. The officer asked the defendant if he had been drinking he responded that he had alot of beers. After performing poorly on the Field Sobriety Excersises, the defendant was arrested and blew a .114. We set the case for trial and after waiting nearly 2 years, the state dropped the DUI.