DWI and affect on CHL

[03Lightningrocks]

I have a friend who got a couple DWI's a few years back. One was around ten years ago and the other was maybe 7 years ago. No problems since. What are the rules for DWI and a CHL in texas? Is Utah any different?

[seamusTX]

DWI is always at least a class B misdemeanor in Texas, so the applicant must be five years beyond the final disposition of the crime (this could be two years or so after the offense).

Two DWIs in ten years are a red flag and may require some certification that the applicant is not currently an alcoholic who is still drinking.

Multiple DWIs can be a felony offense. Your friend needs to be sure exactly what he was found guilty of or pled to.

I don't know about Utah, but I can't imagine that they are more lenient in this respect.

- Jim

[Crossfire]

Utah says a misdemeanor DUI is a disqualifier for 6 years.

[03Lightningrocks]

Thanks for the quick answers. He gave up the sauce when he got arrested for the last one 7 years ago. Some folks have to learn the hard way. I guess some never learn.

I am curious now what the exact disposition was of each offense. Never having been arrested for something like this, I didn't even think to ask him if it was a felony or misdemeanor.

Thanks again for the help.

[seamusTX]

The first two are probably misdemeanors, unless he killed or seriously injured someone or had a child in the vehicle.

http://www.statutes.legis.state.tx.us/D ... .htm#49.04" onclick="window.open(this.href);return false;

If it was a felony conviction ...

- Jim

[boomerang]

GC 411.172. ELIGIBILITY.
(c) An individual who has been convicted two times within the 10-year period preceding the date on which the person applies for a license of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section and is not qualified to receive a license under this subchapter. This subsection does not preclude the disqualification of an individual for being a chemically dependent person if other evidence exists to show that the person is a chemically dependent person.

[03Lightningrocks]

GC 411.172. ELIGIBILITY.
(c) An individual who has been convicted two times within the 10-year period preceding the date on which the person applies for a license of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section and is not qualified to receive a license under this subchapter. This subsection does not preclude the disqualification of an individual for being a chemically dependent person if other evidence exists to show that the person is a chemically dependent person.

Interesting. This is something he brought up and I didn't pay him the proper attention when he mentioned it. His first offense was definitely over ten years ago. the second about 7. Now that you have jogged my memory, he was wondering when the dates started for the two in ten year period. The wording suggests that the ten year period is immediately preceding the date you apply. Since the first was more than ten years ago, does the two in ten years go from the second that was within ten...or the first, which is more than ten years? I hope I am being clear about what I am asking.


Oh...and he was fortunate enough not to have been in an accident or killed anyone. He was also not carrying any children with him.

[seamusTX]

The time period is from the final disposition of the case until the date of application.

For a first-offense misdemeanor, the defendant is usually offered the opportunity to plea guilty or no-contest, get probation, and have the verdict vacated or discharged (I don't know the correct term in this case) at the end of probation.

(Somewhere in there a DWI defendant would have some kind of alcoholism evaluation and probably a hefty fine.)

That process could take a year or two after the arrest. The final date is the one that counts. He can't apply until 10 years after the final disposition of the first arrest.

I don't know all the details of how this process works in Texas, as I have never been arrested for DWI or anything else.

[Edited to add] Maybe he should get his paperwork together and take it to the instructor whose class he plans to attend, who has probably had real-life experience with this kind of issue.

- Jim

[Kythas]

GC 411.172. ELIGIBILITY.
(c) An individual who has been convicted two times within the 10-year period preceding the date on which the person applies for a license of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section and is not qualified to receive a license under this subchapter. This subsection does not preclude the disqualification of an individual for being a chemically dependent person if other evidence exists to show that the person is a chemically dependent person.

Interesting. This is something he brought up and I didn't pay him the proper attention when he mentioned it. His first offense was definitely over ten years ago. the second about 7. Now that you have jogged my memory, he was wondering when the dates started for the two in ten year period. The wording suggests that the ten year period is immediately preceding the date you apply. Since the first was more than ten years ago, does the two in ten years go from the second that was within ten...or the first, which is more than ten years? I hope I am being clear about what I am asking.


Oh...and he was fortunate enough not to have been in an accident or killed anyone. He was also not carrying any children with him.

The way I read it is: the ten years preceding the date he applies for the CHL. So if the first one was over 10 years ago, and he applies now, he only has one DUI in the 10 years preceding the date of his application.

Of course, IANAL, etc.

[nils]

No offense, but is this guy really the type that we want joining the family??? I'm all for second chances, but this would be a third...oh well...I guess that we'll see. Hopefully he's learned his lesson.

[03Lightningrocks]

No offense, but is this guy really the type that we want joining the family??? I'm all for second chances, but this would be a third...oh well...I guess that we'll see. Hopefully he's learned his lesson.

First off...you nor anyone else here is in my family. Having a CHL doesn't make you anything special. It isn't exactly the groovy tie club. If a person can meet the State requirements....that person is OK by me. Remember this. Judge not, lest ye but judged.