second ofense dui and failure to purchase drivers license. I refused the bac test and i’m getting my ged so I can take college corses. bad for career.

UPDATED: May 28, 2009

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second ofense dui and failure to purchase drivers license. I refused the bac test and i’m getting my ged so I can take college corses. bad for career.

just need some advice i’m trying to be a poductive member of the society and take courses for becoming a fire fighter and a second dui on my back ground would probably rune my dreams and goals.

Asked on May 28, 2009 under Criminal Law, Idaho


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I'm not sure of what you mean by "failure to purchase drivers license"? 

As for your second DUI, if it is within a 5 year period:

  • Up to $2,000.00 fine
  • 10 days to 1 year jail
  • 1 year absolute license suspension
  • Obtain an alcohol evaluation
  • Follow the recommendation of evaluation
  • Interlock device on car for 1 year after driver's license suspension ends
  • 2 year probation - usually supervised.

As for refusing a BAC,  all Idaho drivers have impliedly consented to take a test to determine alcohol concentration if lawfully requested to do so by an Idaho peace officer who suspects the driver is under the influence of alcohol (DUI).  If you are arrested for Idaho DUI, you may refuse to take the test, but if you do, the arresting officer will seize your driver's license.  The officer may issue you a temporary driving permit good for 7 days; giving you the opportunity to request a hearing.  If the court upholds the officer's findings, your license will be suspended for 180 days for refusing to take the alcohol concentration test if it is your first offense.  This penalty is in addition to any penalty you receive in court for alcohol or drug related conviction.  A second refusal within five years will result in a one-year suspension.  These suspensions do not provide for restricted privileges of any kind.

Having a second DUI plus refusing a BAC for sure will hurt if not kill your chances of becoming a firefighter.  You will want to hire an attorney to represent you on these charges. 

Just a word of advise here, but if you truly want to become a "productive member of society" how about not drinking and driving?  Just a thought.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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