The defendant was stopped for an expired tag. The officer noticed an odor of alcoholic impurities, blood shot eyes and an orbital sway. The defendant performed the field sobriety exercises, the officer stated that the defendant performed poorly. The officer asked defendant on a scale of 1- 10, 1 being totally sober, 10 being drunkest ever, how did defendant rate. The defendant stated 4-5. The defendant was wearing a wristband from a nightclub as well. The defendant refused to take the breath test. A jury found defendant not guilty in 35 minutes.