The officer said when he walked up to Smith's car he could smell the odor of alcohol coming from the car and then started asking Smith some questions.

Smith told the officer he was at Hal's restaurant where he [had] a single beer and it had been 45 minutes since he had the last drink.

The officer said Smith first refused to take a breathalyzer test, but once it was explained to him that he would be arrested he started the sobriety test, which he had trouble completing.