Police officer stops vehicle on the highway due to the observations of erratic driving made by another off-duty officer. Officer explains situation to the driver, driver says she was using her phone and had recently been released from the hospital for head trauma. The officer notices the odor of alcohol, field sobriety tests follow. Officer forms opinion that the individual is impaired, and arrests the individual for DWI. Defense utilizes medical records to document recent head injury which presents symptoms often misconstrued as intoxication. DWI Charge dismissed prior to trial.