DUI???????

[Target1911]

I have a co-worker that wants to get his CHL. The problem is he got a DUI 2yrs ago. Will that disqualify him for the "5yrs"?

[WildBill]

He'll have to wait for his CHL.

A person cannot in the past 5 years preceding the date of the application have been convicted of a Class A or Class B Misdemeanor. If a person has been convicted 2 (two) times within the 10 year period preceding the date on which a person applies for this concealed handgun license of a Class B Misdemeanor or higher offense that involves the use of alcohol or controlled substance as a element of the offense, such as DWI, the person is not eligible for a concealed gun license under this subchapter at all.

[seamusTX]

It depends upon what the guy was actually convicted of.

DUI in Texas refers to Alcoholic Beverage Code § 106.041. This offense applies to a person under 21 years of age driving with any trace of alcohol. This is usually a class C misdemeanor and not a disqualification for a CHL.

DWI refers to Penal Code § 49.04. It is at least a class B misdemeanor and a disqualification for a CHL, as WildBill said.

(DWI can be a felony if the driver has a child passenger.)

Your friend needs to know or find out if he was actually convicted. Someone could be arrested for DWI and have the charge dropped or dismissed. I've seen many times that people let a lawyer handle their case and don't know what really happened.

- Jim

[WildBill]

Your friend needs to know or find out if he was actually convicted. - Jim

SeamusTx is correct. I was assuming a DWI Conviction.

[Target1911]

Hmmmm......I will ask him and let him know one way or the other. I do know that his DL is suspended till october. IIRC, that will be 2 yr mark from the DUI/DWI

[seamusTX]

If his license was suspended for two years, it was most likely a DWI conviction.

- Jim

[Liko81]

If his license was suspended for two years, it was most likely a DWI conviction.

- Jim

Or nolo contendere, which has the same result for purposes of disqualification. Your friend must wait at least 5 years for his CHL and CANNOT get convicted of a second DWI, or of any felony (duh). The clock for the CHL disqualification starts from when his probationary period ends (a license suspension counts as a probationary period), so 5 years from October he will be able to apply. He will be able to start the paperwork before then; you can take the course and qualify but cannot apply until the 5 years runs out.