State v. Carlson, DUI Second Offense

In this case, Ms. Carlson was charged with a 2nd offense DUI. She was stopped by a Boise police officer and later refused to give a breath sample. The audio from the stop revealed the officer unreasonably antagonizing Ms. Carlson. We planned to argue this was why she refused the breath test. The morning of trial we picked the jury and broke for lunch. When we returned, the state informed us they were unable to contact the officer for trial. As the jury had already been sworn in and double jeopardy had attached, the state was forced to dismiss.