The defendant was involved in an accident where he hit 3 cars and then left the scene. He drove into a ditch down the road and that is where the officer found him. When she arrived, she noticed that he had an odor of alcohol on his breath, thick speech, and he was swaying while standing. Based on these observations, the officer requested he perform field sobriety exercises. Based on his performance, the officer arrested the defendant and took him to jail. He was asked to give a breath sample and he refused. On the day of trial, the state dropped the DUI case.