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Could anyone tell me how long after a friend got a DWI(and last time she has EVER, or Will EVER drink and drive), she has to wait before she can get her CHL in Texas?

daddySEAL wrote:Could anyone tell me how long after a friend got a DWI(and last time she has EVER, or Will EVER drink and drive), she has to wait before she can get her CHL in Texas?

1st offense DWI in Texas is a Class B misdemeanor. You must not have been convicted in the five years before the date of application of a Class A or B misdemeanor or an offense under Section 42.01 of the Penal Code (Disorderly Conduct). The date of conviction (that is, the date the judge signed an order), not the date of arrest is used to determine whether a person's five year period has expired.

I would recommend checking with the clerk in the county she was arrested in and see if it was classed as a Misdemeanor B. They might have gotten it reduced to a lesser charge. If so, she may be eligible if she has had only one arrest.

EDIT: Also, you must not be a chemically dependent person. A person with two convictions within the ten year period preceding the date of application for offenses (Class B or greater) involving the use of alcohol or a controlled substance is ineligible as a chemically dependent person

If she had any previous DWI or controlled substance arrests then this would apply if it has been within 10 years.

She's never (before or after) arrested for Anything.
And does Not use illegal substances.

OK, a 5 yrs wait.....That is a very LONG time since she was beaten and neary raped and murdered about 1 year before I met her(3 yrs ago).

Thank you
(I guess there is no way to lessen the time frame under her daily constant fear from that experience?)

daddySEAL wrote:She's never (before or after) arrested for Anything.
And does Not use illegal substances.

OK, a 5 yrs wait.....That is a very LONG time since she was beaten and neary raped and murdered about 1 year before I met her(3 yrs ago).

Thank you
(I guess there is no way to lessen the time frame under her daily constant fear from that experience?)

Might look into an Order of Nondisclosure or expungement of the offence.

I don't think there's any way to avoid the five-year wait short of getting a pardon from the Governor, but there are things she can do to ease the anxiety. She can take courses in unarmed self-defense and the use of non-firearms weapons like pepper spray.

She can also have a handgun at home and in her vehicle, and in her workplace if she controls the premises (business owner or manager).

- Jim

Longtooths wrote:Might look into an Order of Nondisclosure or expungement of the offence.

AFAIK, expunction is possible only if the person was acquitted or pardoned.

Also, IIRC, arrests that have been expunged still have to be disclosed on the CHL application.

- Jim

she carries pepper-spray

daddySEAL wrote: OK, a 5 yrs wait.....That is a very LONG time since she was beaten and neary raped and murdered about 1 year before I met her(3 yrs ago).

I know many that carried before the CHL was even available...

And of course, car carry is a legal option for her, even while ineligible for a CHL.

Yes, we know....thank you.

It is when she is alone outside her apartment or car that terrifies her with panicky memories.

thanks

Longtooths wrote:

daddySEAL wrote:She's never (before or after) arrested for Anything.
And does Not use illegal substances.

OK, a 5 yrs wait.....That is a very LONG time since she was beaten and neary raped and murdered about 1 year before I met her(3 yrs ago).

Thank you
(I guess there is no way to lessen the time frame under her daily constant fear from that experience?)

Might look into an Order of Nondisclosure or expungement of the offence.

An order of non-disclosure does not keep the criminal record from LE sources, and DPS CHL division will see the conviction.

An expunctION can not be had with a conviction.

Well, I guess she'll just have to tough it out for the 5 yrs.
And have me come with her(carrying), in time she feels gets panic attacks and paranoid to leave her apartment, until she can get her own CHL.

thanks everyone.

daddySEAL wrote:And have me come with her(carrying), in time she feels gets panic attacks and paranoid to leave her apartment, until she can get her own CHL.

Forgive me for saying so, but panicky, paranoid, and armed may not be the ideal combination for your friend or passers-by. I do not mean to sound insensitive or callous.

fratermus wrote:

daddySEAL wrote:And have me come with her(carrying), in time she feels gets panic attacks and paranoid to leave her apartment, until she can get her own CHL.

Forgive me for saying so, but panicky, paranoid, and armed may not be the ideal combination for your friend or passers-by. I do not mean to sound insensitive or callous.

Yeah sounds like she's agoraphobic. Obviously I'm not a doctor or anything but some therapy and/or zoloft might be more up her alley.

You are correct.
When we met, she seldom left her apartment, although has become much better since being with me.

She is NOT a nut-case, but definitely less trusting of guys than she was.

Put yourself in a woman's case who has experienced how big guys can overpower a woman, was very close to being raped and in the process being violently murdered!