Police notice vehicle traveling without headlights in early morning hours. Before they can stop vehicle they further observe driver make illegal u-turn. Driver admits to being out with friends earlier, but he was the “DD”. Police note he does not know the exact name of the clubs was at and take his confusion as evidence of impairment. Police note an odor of alcohol and glassy eyes, but no other signs of impairment. Driver arrested after exit order and field sobriety tests. He refuses breath test. Defense prepared to argue Police lacked sufficient evidence to issue exit order for field sobriety tests. Defense negotiates dismissal of DWI charge prior to trial.