HCP & DUI???

[Guest jrholt9577]

Does having a DUI prevent you from getting a HCP in TN?

[Erik88]

IIRC it depends on when it happened. Can you elaborate please?

[quietguy]

The applicant has not been convicted of the offense of driving under the influence of an intoxicant in this or any other State two (2) or more times within ten (10) years from the date of application and that none of such convictions has occurred within five (5) years from the date of application or renewal.

Above is from the DOS website regarding requirements. There are also restrictions if you have sought treatment for substance addiction.

[Guest jrholt9577]

IIRC it depends on when it happened. Can you elaborate please?

My cousin was charged with a DUI in 01/2010 and convicted in 09/2010.

[Guest jrholt9577]

Above is from the DOS website regarding requirements. There are also restrictions if you have sought treatment for substance addiction.

What are the restrictions that go along with substance abuse treatment? My cousin also opted to put himself through an alcohol treatment program to get a more favorable decision in court.

[bigwakes]

that none of such convictions has occurred within five (5) years from the date of application or renewal.

He should stay sober on the road and try again in 2015 from the way that reads.

[Guest jrholt9577]

That's what really sucks about it. He had a few too many and decided he would sleep it off in the back seat. Well Johnny Law finds him asleep in the back seat and charges him with a DUI because he had the keys in the vehicle with him.

[quietguy]

Shall not be an unlawful user of or addicted to alcohol or any controlled substance and the applicant has not been a patient in a rehabilitation program or hospitalized for alcohol or controlled substance abuse or addiction within ten (10) years from the date of application;

From the same website

[Guest jrholt9577]

From the same website

Hmmm... I wonder how they would know that kind of information without the treatment being court ordered or something similar?

[Curiousgb]

That's what really sucks about it. He had a few too many and decided he would sleep it off in the back seat. Well Johnny Law finds him asleep in the back seat and charges him with a DUI because he had the keys in the vehicle with him.

Them's the break's.

[quietguy]

Hmmm... I wonder how they would know that kind of information without the treatment being court ordered or something similar?

If it was part of his plea or a condition of his sentence, then it should be part of the record. If he did it prior to conviction to obtain leniency from the court, it may not be.

Regardless, it would be a very bad idea to lie on his application.

[Guest jrholt9577]

If it was part of his plea or a condition of his sentence, then it should be part of the record. If he did it prior to conviction to obtain leniency from the court, it may not be.

Regardless, it would be a very bad idea to lie on his application.

I completely agree and would not suggest lying at all. Only curious as to how they would acquire that info with doctor/ patient confidentiality and what not.

[Karnage]

That's what really sucks about it. He had a few too many and decided he would sleep it off in the back seat. Well Johnny Law finds him asleep in the back seat and charges him with a DUI because he had the keys in the vehicle with him.

He must have had a public defender.

[Pain103]

He must have had a public defender.

That sounds about right. Lol. Seriously though control of the vehicle is all that is needed and control doesn't mean operation. I don't jack with the people sleeping in their vehicle the way I see it was they were smart enough not to get on the road and be a danger.

[mikegideon]

Hmmm... I wonder how they would know that kind of information without the treatment being court ordered or something similar?

They won't. I think that has even been clarified somewhere in the TCA. If he put himself thru rehab, that shouldn't stop him.

[quietguy]

They won't. I think that has even been clarified somewhere in the TCA. If he put himself thru rehab, that shouldn't stop him.

The mentally defective language was clarified, but I couldn't find where the substance abuse was changed.

[JeffL]

He should stay sober on the road and try again in 2015 from the way that reads.

Nope, as long as he hasn't had TWO DUIs in the past 10 years, one of those having occurred in the last 5 years he's ok.

Source: John Harris, TFA.

[mikegideon]

The mentally defective language was clarified, but I couldn't find where the substance abuse was changed.

I have a friend that went thru it a year or so ago. Unless it was part of a court record, it's private info anyway. Still, I'm almost positive that they clarified the language. Just don't remember the details. As my old brain remembers it, if it's not court ordered, it doesn't count.

[DaveTN]

They changed the language about being crazy; they didn’t change it about being a drunk. It’s addressed on the first page of the website.

Handgun Carry Permits

It addresses this….

(12) That the applicant has not been adjudicated as a mental defective, has not been judicially committed to or hospitalized in a mental institution pursuant to title 33, has not had a court appoint a conservator for the applicant by reason of a mental defect, has not been judicially determined to be disabled by reason of mental illness, developmental disability or other mental incapacity, and has not, within seven (7) years from the date of application, been found by a court to pose an immediate substantial likelihood of serious harm, as defined in title 33, chapter 6, part 5, because of mental illness;

It does not appear to address this…

(10) That the applicant is not an unlawful user of or addicted to alcohol or any controlled substance and the applicant has not been a patient in a rehabilitation program or hospitalized for alcohol or controlled substance abuse or addiction within ten (10) years from the date of application;

As far as whether they know or not….

A person who was judicially/involuntarily committed and who answers ‘no’ to Question 13(A) is making a false statement under penalty of perjury.

When I was a cop almost any plea agreement involved substance abuse counseling. Has that changed?

[Guest jrholt9577]

So, if he was NOT judicially/involuntarily committed, would he be ineligible?

[Guest jrholt9577]

Nope, as long as he hasn't had TWO DUIs in the past 10 years, one of those having occurred in the last 5 years he's ok.

Source: John Harris, TFA.

I just read that on TFA. I'm still seeing a lot of disagreement about it though. Has anybody had any first hand experience with a DUI and HCP? I know they take your HCP in court if you're convicted. Is that just part of the probation associated with DUI?

[DaveTN]

So, if he was NOT judicially/involuntarily committed, would he be ineligible?

That pertains to (12); I was just quoting that because they are pointing out that lying on this application is perjury. (No matter what question you lie about.)

(10) Deals with substance abuse and doesn’t appear to care whether it was voluntary or not. The way I read it if you go to alcohol abuse treatment you have to wait 10 years whether it was voluntary or not. Maybe you should call and ask (Or maybe someone here already has). But you would need to answer that question truthfully.

[mikegideon]

That pertains to (12); I was just quoting that because they are pointing out that lying on this application is perjury. (No matter what question you lie about.)

(10) Deals with substance abuse and doesn’t appear to care whether it was voluntary or not. The way I read it if you go to alcohol abuse treatment you have to wait 10 years whether it was voluntary or not. Maybe you should call and ask (Or maybe someone here already has). But you would need to answer that question truthfully.

It looks like the language has NOT changed. Good question for a lawyer.

[Fallguy]

On a DUI the language is fairly clear if you read it closely....If you have only had one DUI, it could have been yesterday and you could still get a HCP. You can't have had 2 DUIs within 10 years and at least one of those be within the last 5 years. So if you had two DUIs but they were 8 and 9 years ago....you'd still be ok.

As far as the being in a rehab program, that seems failry clear too, if it has been within the last 10 years it is no go, voluntairly or involuntairly. Since they did change it for mental health....it is possible they could change it for this if someone contacted the right legislator to sponsor a bill, but as of now...well..

As far as if there is a record of it.....well.....there have been cases of convicted felongs getting and/or keeping HCPs...but I'm not suggesting any course of action....

[Guest jrholt9577]

As far as the being in a rehab program, that seems failry clear too, if it has been within the last 10 years it is no go, voluntairly or involuntairly. Since they did change it for mental health....it is possible they could change it for this if someone contacted the right legislator to sponsor a bill, but as of now...

So, by that rational, nobody who attends AA or NA should have a HCP in TN?