DUI Question

[Tnichols00]

I have a my lifetime carry and received a DUI while I had a firearm in the truck. I was slightly over the the legal limit and the officer took my firearm to the station for me to go back and pick it up. My question is does my DUI effect my legality to carry at all? This is my first DUI if that makes a difference.

 

[Vigilant]

It probably will depending on the terms of your probation! Many probation orders disallow possession of firearms for the period of probation.

 

[T.Lex]

You need to ask a lawyer this question, in person. A public internet gun forum, while superficially appealing, is not the best place to reveal all the necessary information, plot the necessary strategy, or receive the necessary advice.

I'm sorry that is probably not the answer you were looking for.

 

[Joniki]

Hire a GOOD attorney.

 

[Tnichols00]

Ive got all that taken care of, He is currently looking into it. I did not know if any of you knew the law off the top of your head. It looks like Vigilate has the best answer that could help. I will have to look over that when I receive it.

 

[chezuki]

Ive got all that taken care of, He is currently looking into it. I did not know if any of you knew the law off the top of your head. It looks like Vigilate has the best answer that could help. I will have to look over that when I receive it.

Per IC, I believe you must have 2 or more drug/alcohol related offenses within a certain time frame to disqualify you from being a "proper person".

"Proper person" means a person who:
(1) does not have a conviction for resisting law enforcement under IC 35-44-3-3 within five (5) years before the person applies for a license or permit under this chapter;
(2) does not have a conviction for a crime for which the person could have been sentenced for more than one (1) year;
(3) does not have a conviction for a crime of domestic violence (as defined in IC 35-41-1-6.3), unless a court has restored the person's right to possess a firearm under IC 35-47-4-7;
(4) is not prohibited by a court order from possessing a handgun;
(5) does not have a record of being an alcohol or drug abuser as defined in this chapter;
(6) does not have documented evidence which would give rise to a reasonable belief that the person has a propensity for violent or emotionally unstable conduct;
(7) does not make a false statement of material fact on the person's application;
(8) does not have a conviction for any crime involving an inability to safely handle a handgun;
(9) does not have a conviction for violation of the provisions of this article within five (5) years of the person's application; or
(10) does not have an adjudication as a delinquent child for an act that would be a felony if committed by an adult, if the person applying for a license or permit under this chapter is less than twenty-three (23) years of age.
As added by P.L.311-1983, SEC.32. Amended by P.L.191-1984, SEC.1; P.L.148-1987, SEC.3; P.L.269-1995, SEC.5; P.L.49-2005, SEC.1; P.L.118-2007, SEC.34.

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.

 

[SSGSAD]

Hire a GOOD attorney.

Guy Relford .....

 

[PistolBob]

In Ohio a guy I know wrecked his truck on the way home from the VFW, when the state police showed up he was arrested for DUI...he also had his pistol in the console of the truck, the state police took it. This was his second DUI. In Ohio if you are in possession of a firearm while DUI it's a big problem. He lost his license to carry and got fined and got probation for the DUI and then was sentenced to two years in Orient Prison in Columbus for the gun charges. Get a better lawyer than he had.

 

[chezuki]

Also, don't drink and drive... It's ****ing stupid.

 

[2A_Tom]

Guy Relford .....

I second the motion.

In the mean time "all" member lawyers on this board recommend STHU.

 

[1775usmarine]

Did they take your wallet?

 

[PistolBob]

Also, don't drink and drive... It's ****ing stupid.

No truer words ever spoken

DUI is totally avoidable. Just don't do it. Use Uber.

 

[Kirk Freeman]

It depends.

As to the circumstance, it is within your best interests to contact an attorney.

 

[2A_Tom]

Also, don't drink and drive... It's ****ing stupid.

No truer words ever spoken

DUI is totally avoidable. Just don't do it. Use Uber.

Wow, use guys is so judgmental. I agree.

 

[nakinate]

It shouldn't affect you. My friend had this happen and his DL was suspended for 60 days, but he retained full LTCH privileges.

 

[Cameramonkey]

Just FYI OP, two practicing attorneys have given you solid, free legal advice; Say absolutely nothing more in this public forum and lawyer up. This site is crawled and archived by Google. What you have said so far will never go away, so make sure there is nothing else floating out there that also should never have been said.

Good luck.

 

[churchmouse]

Also, don't drink and drive... It's ****ing stupid.

Pretty much this^^^^^^^^^^^^^^^^^^^^^^^^^^^^

 

[rdavis006]

I may be in the minority but losing your ltch would be well deserved. You shown irresponsible decision making buy consuming alcohol then getting behind the wheel to drive but yet you would like the state to believe you can make responsible decisions while carrying.

 

[Denny347]

Hire a GOOD attorney.

Guy Relford .....

I second the motion.

In the mean time "all" member lawyers on this board recommend STHU.

For a DUI? I didn't think he specialized in that area. For DUI there are few better than J. J. Paul, III - Voyles Zahn & Paul Retainers run about 4k

 

[MohawkSlim]

Just curious, but what "crime" did you actually commit?

A lot of times I hear people say things like, "I got pulled over for speeding... and they dropped the speeding charges once they found I was drunk." Did you actually injure anyone or their property?

I see one of the posters above believes you did something so wrong you're not capable of making responsible decisions ever again. What crime was so horrible for that to happen?