DWI Disquilified?

[seamusTX]

No. It would need to be one within five years or two within ten years.

- Jim

[Charles L. Cotton]

And assuming the second DWI was not a felony.

Chas.

[seamusTX]

I did not realize that DWI could be a felony, but it can: PC § 49.045. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER.

- Jim

[seamusTX]

The law contains three references to this topic:

GC §411.171. DEFINITIONS. In this subchapter:
(2) "Chemically dependent person" means a person who frequently or repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated or use those substances as often as the opportunity is presented.

GC §411.172(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.

(e) The following constitutes evidence that a person has a psychiatric disorder or condition described by Subsection (d)(1):
(3) inpatient or residential substance abuse treatment in the preceding five-year period;
(4) diagnosis in the preceding five-year period by a licensed physician that the person is dependent on alcohol, a controlled substance, or a similar substance

As far as I know, DPS does not go out and try to prove that someone is chemically dependent if the applicant does not meet the statutory disqualification. That is just based on what I have heard.

- Jim