The police officer stopped the defendant for speeding in his BMW X5. The officer believed the defendant was drunk and had the defendant perform the field sobriety tests. The police officer then arrests the defendant for DUI. The Defendant states he only had one beer at The Bayou, which is a local Salt Lake City Restaurant and he refuses to submit to a breath test. The officer charges the Defendant with DUI. At trial the defense explains that the defendant is a businessman who simply had one drink over dinner and was not intoxicated. The jury believed that the defendant was not drunk and failed to convict him of DUI.