Police Officer watches driver pull into breakdown lane and then proceed onto highway after ten (10) seconds. Officer follows and then stops vehicle after seeing several marked lanes violations. Driver is upset and crying and explains she just got in fight with boyfriend and had stopped in breakdown lane to take call. Officer notes odor of alcohol and driver admits to having a Rum & Coke earlier. Arrest follows standard field sobriety tests. Defense contends driver was not provided correct implied consent warnings prior to the alleged refusal of breath test. DWI charge dismissed prior to trial.