ELIGIBILITY QUESTION, PLEASE HELP

[rogers1]

I am having a tough time finding a straight anwser to this question, otherwise I would not ask. I got a DWI in feb 2001 and another in march 2003 and no trouble since then. Both were before age 21. Obviously it has been 10 years since my first one. Am I eligible for a CHL now? I read in the handbook about not being eligible if considered "chemically dependent" and then someone told me that 2 DWI's is considered chemically dependent. Also, if I am eligible do I have to report the 1st DWI since it has been 10 yrs. Thanks for any help and advice.

[The Mad Moderate]

I am having a tough time finding a straight anwser to this question, otherwise I would not ask. I got a DWI in feb 2001 and another in march 2003 and no trouble since then. Both were before age 21. Obviously it has been 10 years since my first one. Am I eligible for a CHL now? I read in the handbook about not being eligible if considered "chemically dependent" and then someone told me that 2 DWI's is considered chemically dependent. Also, if I am eligible do I have to report the 1st DWI since it has been 10 yrs. Thanks for any help and advice.

I do not think you would be eligible. The two DUIs would be the problem as I think that fits the definition for chemically dependent. IANAL . I think you would have to wait a few more years.

[tbrown]

You have to report all arrests no matter how long it's been. A 70 year old applying for a new CHL would be obligated to report a drug arrest from the 1960s.

Multiple convictions for drug or alcohol offenses within the past 10 years make you ineligible because of chemical dependency. If you have multiples but only one (or none) is within the past 10 years, you're not automatically disqualified. However, DPS can look at the totality of the circumstances and deny someone with a past record who has no recent convictions. Based on what you wrote, I don't think DPS will deny your application, but I'm not making any guarantees.

[Jusster]

I agree with tbrown. Since you only have 1 DWI within a ten year period you should be ok according to the eligibility requirements. IANAL either and I’d suggest you give DPS a call if you want a definitive answer.

Jusster

[Crossfire]

If the first offense was more than 10 years agao, and the second offense was more than 5 years ago, then you have neither 2 convictions in the previous 10 years, nor a single drug or alcohol related conviction in the previous 5 years.

Based on what you have disclosed, then YES, you are eligible.

You must disclose all previous arrests on the application, regardless of the outcome of the arrest.

[The Mad Moderate]

I seem to have misinterpreted the law. Glad there are many others out there to set the record straight.

[rogers1]

thanks for the info. I've waited a long time for that 10 yr period to get here. I live in the city of Houston and my wife has her CHL, so at least one of us is carrying. She's already had a knife pulled on her once at 2pm in front of a Pier One,(shouldn't bring a knife to a gun fight) so I'm comfortable knowing at least she has a good level of security. I will contact the DPS before I pay to go thru the class a second time. thanks again.