State v. Garner

The state appeals the trial court’s dismissal of a complaint charging defendant with driving under the influence of intoxicants (DUII) on the ground of prosecutorial misconduct sufficient to constitute double jeopardy. We reverse and remand.

The relevant facts are not in dispute. Defendant was stopped while driving, based on a police officer’s belief that he was under the influence of alcohol. The officer called for back up. Officer Julifs arrived and asked defendant to perform field sobriety tests, and defendant refused. He was transported to the police station, where he again refused to…