The defendant was pulled over for driving without headlights on. The officer smelled an odor of alcohol on his breath, noticed a distict front to back sway, observed bloodshot eyes, and claimed he looked very sluggish. The defendant admitted to drinking 3 drinks at a local bar. The officer then requested he perform field sobriety exercises. Acoording to the officer, he did not perform them correctly and he was arrested. He was taken to jail where he blew a .070 and a .071. The State of Florida dismissed the DUI after looking closely at the file.