Client stopped for driving with no headlights. Client had a strong odor of alcohol and glassy and bloodshot eyes. According to arresting officer: Client failed the pen test and would lose track of the pen; During the one leg stand test, client swayed, raised arms for balance, put his foot down, started again and then lost his balance; During the walk and turn test, client swayed and used his hands for balance. Client refused the breath test.
Negotiations failed with the prosecutor. Motion to suppress based on lack of probable cause to arrest and failure to properly instruct on the field sobriety tests was filed. Judge ruled that officer lacked probable cause to arrest. Charges were dismissed and refusal suspension was voided.