Facts: The Defendant was stopped at about 9:00 p.m. traveling 51 in a 35 mph zone. Upon making contact with the Defendant, his eyes were red and glassy and his speech was slurred and mumbled. His face was flushed, he had slow dexterity and there was an odor of alcohol coming from his breath. He fumbled through his documents and often looked sleepy when contact was made with him. His movements were slow as was his speech. After running his license, the officer came back to the defendant’s car and the defendant stated “Yes, I know, I had a few drinks.” He then stated he had 3 beers and he was coming from a restaurant. The Defendant was swaying back and forth during the walk and turn, missed heel to toe on 4 steps, stepped off the line and made an improper turn. During the one leg stand, the defendant was not counting properly and was swaying back and forth. He failed to keep his eyes closed during the finger to nose as instructed and touched the tip of his nose with the middle of his finger instead of the tip every time. During the Alphabet task the Defendant said “H, I, G” instead of “H, I, J” and then said “I lost it man”. He then tried again and said “X, W, Y, Z” instead of “W, X, Y, Z”. He was arrested and then refused a breath test. The State attorney’s office took a look at the Breath Testing Video and after consulting them about the certain other factors (including the officer’s sworn testimony at the Formal Review Hearing at the Department of Motor Vehicles), the State agreed to drop the DUI.