The defendant was stopped for doing 46 in a 40 mph zone. The officer approached the car and noticed the driver\’s speech was slurred, his eyes were watery, his face was flushed and he had an odor of alcohol on his breath. The officer asked how much the defendant had to drink and he said \”nothing.\” When asked why he smelled of alcohol, the defendant replied that he had been at a bar all night. He was asked to perform field sobriety exercises and he stated that the tests were biased and that he did not have good balance. He refused to take the exercises and then refused to provide a breath sample. In the middle of the trial, the State dismissed the case.