Police respond to report of driver with flat tire in parking lot of fast food establishment. Police arrive and note driver has driven some distance to location with shredded tire. Client admits to drinking two (2) beers at friend’s house and two (2) beers earlier with dinner. Open eighteen pack of beer in trunk is missing just two (2) bottles. Driver accused of drunk driving participates in field sobriety tests but is hindered by large body size and later refuses breath test. Defense obtains dismissal of DWI charge prior to trial.