BASIC FACTS: Defendant stopped for driving without a headlight on at about 1 a.m. in a residential neighborhood. The officer interrogated the defendant about drinking and the defendant said he had "one beer".  The officer then asked the defendant to take “field sobriety tests”.  The defendant agreed to take the field sobriety tests. The officer claimed that the driver was :unsteady on his feet" as he walked to the rear of the vehicle. The driver performed the usual series of roadside gymnastics: the HGN test (this is where the officer directs the driver to “follow-the-pen” and then determines that the driver is drunk because his eyes twitch slightly while following the pen), the “heel to toe test”, referred to in police DWI manuals as the "walk and turn test" and the “one-leg-stand test”. The driver allegedly fails all the tests. The officer then asks the defendant to take a “preliminary breath test”, a hand held device kept in police cars for such occasions. Like most preliminary breath testing devices, this one produced no printout and the only place the “result” is only stored is in the officer’s memory. The defendant allegedly blows a .118. The officer arrested the driver and charged him with DWI.