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Out of state DWI 20 years ago?
Posted: Sun Jul 05, 2009 11:10 am
by big 54r
I have a question I hope someone here can answer.
How does a dwi in another state from 1982/1983 affect/effect someone who want's to get a chl here in Texas?
The person has been in Texas since 1985 and the rub is he's a truck driver with a CDL and is wondering how trying to get a chl from DPS will impact his lively hood?
Should he just not try and get it or will something from over 20 years ago not impact his driving record or his ability to get a chl?
thanx
Re: Out of state DWI 20 years ago?
Posted: Sun Jul 05, 2009 11:16 am
by seamusTX
A single misdemeanor DWI more than 5 years ago does not make a person ineligible for a Texas CHL.
DWI is a misdemeanor unless it's a repeat offense or results in death or serious injury, depending upon the state.
The guy just has to get the disposition from the county where he was convicted.
- Jim
Re: Out of state DWI 20 years ago?
Posted: Sun Jul 05, 2009 11:33 am
by WildBill
The DWI won't be a problem, but his application may be questioned if he has lived in Texas since 1985 and still has a CDL. DPS will do a background check based on his places of employment and residence. I am not sure what you mean by affecting his livelihood. I think you we need some better information to help out your friend.
Re: Out of state DWI 20 years ago?
Posted: Sun Jul 05, 2009 11:43 am
by seamusTX
I took CDL to mean Commercial Driver License. I'm assuming the guy lives in Texas and has his correct address on his license.
- Jim
Re: Out of state DWI 20 years ago?
Posted: Sun Jul 05, 2009 11:45 am
by WildBill
seamusTX wrote:I took CDL to mean Commercial Driver License. I'm assuming the guy lives in Texas and has his correct address on his license. - Jim
Never mind! I need to get my acronyms straight. Having lived in California for many years, I assumed he meant California Driver License. I thought that it was a bit strange, but now big 54r's question makes sense.

Re: Out of state DWI 20 years ago?
Posted: Mon Jul 06, 2009 3:15 pm
by big 54r
thanx guy's for replying.
yeah fella's he does have a Texas DL anf has ben a trucker here for 12 years.
He just want's to know how a cpl dwi's from over 20 years ago will go over when and if he applies for a Texas chl.
In essence he want's to know if dps will pull his cdl and then he can't work.
Just as an aside: He doesn't drink any more and hasn't for many years.
Re: Out of state DWI 20 years ago?
Posted: Mon Jul 06, 2009 3:19 pm
by seamusTX
I don't know much about CDLs. He needs to find out if a 20-year-old DWI makes him ineligible for a CDL.
I also don't know how much internal communication takes place within DPS. It seems not much.
- Jim
Re: Out of state DWI 20 years ago?
Posted: Mon Jul 06, 2009 3:33 pm
by dicion
Oh, so you're saying, the DWI's might disqualify him from his CDL that he already has?
And the potential background check by the DPS for his CHL would reveal these and therefore invalidate him for his CHL?
I don't know how that part of the law works.. might want to consult a lawyer..
Re: Out of state DWI 20 years ago?
Posted: Mon Jul 06, 2009 3:35 pm
by dicion
seamusTX wrote:
I also don't know how much internal communication takes place within DPS. It seems not much.
Understatement of the century

Re: Out of state DWI 20 years ago?
Posted: Mon Jul 06, 2009 3:44 pm
by seamusTX
dicion wrote:Oh, so you're saying, the DWI's might disqualify him from his CDL that he already has?
And the potential background check by the DPS for his CHL would reveal these and therefore invalidate him for his CHL?
That seems to be what
big 54r is asking.
An old DWI either disqualifies someone for a CDL or doesn't. It should be easy to find out. I would prefer to let the person who is affected do the research.
- Jim
Re: Out of state DWI 20 years ago?
Posted: Mon Jul 06, 2009 3:54 pm
by AWB09
I'm not a lawyer or a trucker but I think one DWI will get a CDL suspended for a year and the second means revocation. I think that's the rule when driving a commercial vehicle or a personal vehicle if he has a CDL but I have no idea if that's retroactive to offenses before he got the CDL. Best to have him talk with a lawyer who knows state and federal CDL laws.
DWI more than 25 years ago should have no effect on getting a CHL now as long as he lists it and includes documentation.