Client leaves bar at 1:50 a.m. and is stopped for operating without headlights. Officer detects a strong odor of alcohol and observes client’s eyes to be red, glassy and bloodshot. When questioned, client admits to have “a couple” beers. After exiting the vehicle, client appears unsteady on his feet and then proceeds to fail three field sobriety tests. Client submits to a breathalyzer test indicating a .17 BAC. Defense excludes breathalyzer results and argues that client’s performance on the field sobriety tests was caused by nerves and a pre-existing hip injury. Not guilty verdict following trial.