Police stop driver for speeding in early morning hours. Driver admits to having one beer and a glass of wine before leaving a friend’s house in MA. Police note odor of alcohol and that driver seems upset and nervous. DUI arrest follows field sobriety tests. Driver refuses blood test. Officer fails to appear at ALS/DMV suspension hearing due to oversight. Defense challenges Prosecutor’s attempt to re-open ALS/DMV hearing. Negotiated dismissal of DUI charge prior to trial to include withdrawal to re-open ALS/DMV hearing.