Police officer observes driver switching lanes coming off traffic circle without signal. He then follows and sees vehicle weaving within its lane but not crossing marked lines. After stop officer notes driver’s glassy/bloodshot eyes, but only odor of alcohol coming from vehicle with passenger. Driver exits and admits to one drink. After three field sobriety tests driver refuses portable/preliminary breath test. Officer asks “why, if you only had one?” Driver then admits she had three (3) drinks. Arrest follows and driver refuses blood test. Defense files Motion to Suppress statement/admission of three (3) drinks, alleging driver was in custodial setting when question asked about PBT refusal. Also, defense files Motion to Suppress Exit Order, alleging officer did not have sufficient grounds to request exit for continued investigation . DUI charge dismissed prior to trial.