The defendant was observed weaving in and out of his lane multiple times by an officer who was following him. After the vehicle was pulled over, the officer noticed the driver had bloodshot eyes, a blank stare, slurred speech and an odor of alcohol on his breath. The defendant performed field sobriety exercises. The officer felt he did not perform them to his standards. He was arrested and refused to provide a breath sample. After negotiations with the state, they decided to drop the DUI.