The Defendant was stopped for going 73mph in a 45mph zone. When the officer approached, he noticed an odor of alcohol coming from the vehicle and the driver’s bloodshot eyes. He asked the driver to step out of the vehicle. At that time, he noticed the driver swaying from side to side. He requested that the driver perform sobriety exercises. The driver refused. He was then arrested. At the station, he also refused to take a breath test. This was the driver’s 3rd arrest fro DUI. On the day of trial, the State dropped the case.