The defendant was pulled over for running a stop sign as he left a bar parking lot. The officer noticed that he had an odor of alcohol on his breath, bloodshot eyes, and his speech was thick tounged. The defendant admitted to having three beers and the officer requested that he perform field sobriety exercises. The officer felt the defendant was impaired after the performance of the exercises and he was arrested. He was taken to jail where he refused to provide a breath sample. We picked a jury and when the case was ready to proceed, the state dropped the DUI.