Police respond to a report of a motor vehicle collision involving two cars. The officers arrive on scene and determine that the driver who was hit was rear ended by a second driver. After talking to the second driver, the driver and her vehicle were towed. After dealing with the first driver, the officers met up with the second driver at the location she was towed to. They notice the odor of alcohol on her breath and that her eyes are droopy and glassy in appearance. After conducting field sobriety tests, the officers make the arrest. Defense challenges opinion regarding intoxication based on initial police contact at scene of incident having gone without arrest or DWI investigation. DWI charge dismissed prior to trial.