Police allege client drove over highway fog line three times, drifting into left travel passing lane once. Officer stops vehicle and notes driver has red, glassy eyes, odor of alcohol and slurred speech. Driver admits to a few beers but also tells officer he is over tired and fatigued. Officer alleges driver failed four (4) field sobriety tests. Approximately one hour after arrest driver submits to a breath test with .10 BAC result, in excess of .08 per se legal limit. Defense obtains dismissal of DWI complaints based on delay between actual driving and breath test and no evidence whether client was in absorptive or elimination phase. Field sobriety testing also supported inference that driver was not above .08 at time of stop.