Off duty police officer calls in erratic operator who is having terrible difficulty maintaining lane control on highway and upon exit to local roads during in mid-day traffic. Reporting party follows driver to store parking lot where he abruptly stops and appears to recline in driver’s seat and fall asleep. Responding local Police Officers wake driver and demand he exit to perform field sobriety tests. Driver refuses all testing and refuses to answer questions or allow search of his vehicle. Defense is prepared to argue fatigue was cause of erratic driving and client’s non-compliance with police demands for information is constitutional exercise of his rights, not evidence of “consciousness of guilt.” DWI charge dismissed prior to trial.