question about ltch

[smhall3212]

I have a friend that got a dui a few years ago and also got a mis. for possession on marijuana (he paid a fine) last year will he be able to get his LTCH with this on his record per what it says in the code?


(5) does not have a record of being an alcohol or drug abuser as defined in this chapter;


he just dosnt want to waist his money if not.

 

[esrice]

I thought only felonies (all) and misdemeanors relating to domestic abuse were the biggies.

At the very least, make sure he is up front about ALL convictions.

 

[chasekerion4]

I have a friend that got a dui a few years ago and also got a mis. for possession on marijuana (he paid a fine) last year will he be able to get his LTCH with this on his record per what it says in the code?


(5) does not have a record of being an alcohol or drug abuser as defined in this chapter;


he just dosnt want to waist his money if not.

Only a few bucks of the cost is non-refundable. It wouldn't be a waste. What would be a waste is if he DIDN'T get it, but still carried and got caught.

Either way, I'm sure he'd be just fine. There is no "record" of being an abuser. Dude got caught with a little pot and having thrown back a few too many. DUI's nowadays are about as common as the flu. Not that it's a good thing to get busted for, but so many people have DUI's; that would be a lot of declines...

 

[redneckmedic]

I am pretty sure he is good

 

[smhall3212]

thanks for all the post i will tell him to fill out the form hopefully in a few weeks he'll get it ill post back and let ya'll know

 

[whiskeytangofoxtrot]

I had called about my LTCH years ago on the availability and was denied. After an alcohol related arrest they told me they like you to wait 3 years. Just what I was told...

 

[LuckyBrush]

I think its gonna depend on what kind of alcohol related offense it is. The code says any crime punishable by more than one year in prison. I dont know what a dui is, felony or misdemeanor. Also u cant have any domestic violence, or violence related crimes. Or any crimes related to weapons. I don't think ONE dui will affect him unless he is "deemed" habitual offender in a court. Although, if the local LEO remember him, they may not "approve" of his application before it's sent to ISP. I don't really know for sure the answer, its still just a guess from me. It would be good for an attorney to chime in.

 

[Timjoebillybob]

It depends on if you have had only one or more arrests for alcohol or drugs. And the amount of time from the last.

IC 35-47-1-2
"Alcohol abuser"
Sec. 2. "Alcohol abuser" means an individual who has had two (2) or more alcohol related offenses, any one (1) of which resulted in conviction by a court or treatment in an alcohol abuse facility within three (3) years prior to the date of the application.

IC 35-47-1-4
"Drug abuser"
Sec. 4. "Drug abuser" means an individual who has had two (2) or more violations of IC 35-48-1, IC 35-48-2, IC 35-48-3, or IC 35-48-4, any one (1) of which resulted in conviction by a court or treatment in a drug abuse facility within five (5) years prior to the date of application.