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Posted: 1/16/2015 12:33:36 PM EST
From January 2011 until August of 2013 I was an IT contractor working in Afghanistan. I returned home permanently on August 29.
The very next day I met some friends for happy hour to celebrate my homecoming and also a new job I was offered earlier that day.
Unfortunately I made a bad decision and drove home that evening. Needless to say I was pulled over. There was NO accident involved and I am very grateful for that.
Ultimately, I plead guilty to DWI, (class A misdemeanor) and got a years probation, fine, and other misc things.
I have never had any previous issues with law enforcement and this is the only thing I have ever been arrested for.
I have been on probation for a year and it ends the middle of next month. I go back to court to get an order to remove the ignition interlock from my truck and then I am completely finished.

My question is this: at some point I would like to get a CHL. Is there a waiting period between when this case is over and when I can take the class and apply for a CHL?
Link Posted: 1/16/2015 12:50:04 PM EST
Law says you must wait 5 years after the date you were convicted. Even then you might be given the title of "chemically dependent person" for earning a Class A versus B misdemeanor DUI.

"DWI is at least a Class B misdemeanor, and you are ineligible for a license for five years after a conviction for a Class A or B misdemeanor or disorderly conduct. This includes cases that were dismissed after you completed probation or deferred adjudication."
Link Posted: 1/16/2015 12:52:54 PM EST
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Originally Posted By refidnasb:
Law says you must wait 5 years after the date you were convicted. Even then you might be given the title of "chemically dependent person" for earning a Class A versus B misdemeanor DUI.

"DWI is at least a Class B misdemeanor, and you are ineligible for a license for five years after a conviction for a Class A or B misdemeanor or disorderly conduct. This includes cases that were dismissed after you completed probation or deferred adjudication."
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Ok, thanks for the info.
Link Posted: 1/16/2015 1:05:25 PM EST
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Originally Posted By refidnasb:
Law says you must wait 5 years after the date you were convicted. Even then you might be given the title of "chemically dependent person" for earning a Class A versus B misdemeanor DUI.

"DWI is at least a Class B misdemeanor, and you are ineligible for a license for five years after a conviction for a Class A or B misdemeanor or disorderly conduct. This includes cases that were dismissed after you completed probation or deferred adjudication."
View Quote


And in reality, they make you wait 5 years after the end of your probation.
Link Posted: 1/16/2015 1:45:35 PM EST
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Originally Posted By dillehayd:


And in reality, they make you wait 5 years after the end of your probation.
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Originally Posted By dillehayd:
Originally Posted By refidnasb:
Law says you must wait 5 years after the date you were convicted. Even then you might be given the title of "chemically dependent person" for earning a Class A versus B misdemeanor DUI.

"DWI is at least a Class B misdemeanor, and you are ineligible for a license for five years after a conviction for a Class A or B misdemeanor or disorderly conduct. This includes cases that were dismissed after you completed probation or deferred adjudication."


And in reality, they make you wait 5 years after the end of your probation.


I figured as much anyway.

Thanks again gentlemen.
Link Posted: 1/16/2015 4:39:41 PM EST
Stripping a man of his right to defend himself because he broke a law and there is no victim.

That's not right.
Link Posted: 1/16/2015 4:57:02 PM EST
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Originally Posted By hondaciv:
Stripping a man of his right to defend himself because he broke a law and there is no victim.

That's not right.
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Welcome to Amerikka, or Tejas as the case might be.
Link Posted: 1/16/2015 6:54:47 PM EST
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Originally Posted By hondaciv:
Stripping a man of his right to defend himself because he broke a law and there is no victim.

That's not right.
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Not sure where it is written he can't defend himself, he just can't get a CHL. And if I shoot a gun into a crowd of people on a street but by some chance the bullet missed everyone, should I not get charged with a crime because it was "victimless"? Should I not suffer the consequences for the decision I made? Guy drove while over the legal limit for alcohol, there are consequences for doing so (and getting caught) even if he was lucky and didn't hurt or kill anyone else. And I say that as someone who got a DWI 18 years ago and dealt with the consequences even though there were no "victims".
Link Posted: 1/16/2015 7:23:58 PM EST
[Last Edit: 1/16/2015 7:24:22 PM EST by r-2-k-b-a]
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Originally Posted By hondaciv:
Stripping a man of his right to defend himself because he broke a law and there is no victim.

That's not right.
View Quote

A class A means the BAC was double or more of the legal limit, or there was an open container, amongst a couple other things that dont apply here based on what was said by the OP.

Remember that actions have consequences.
Link Posted: 1/16/2015 8:20:39 PM EST
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Originally Posted By dillehayd:


And in reality, they make you wait 5 years after the end of your probation.
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Originally Posted By dillehayd:
Originally Posted By refidnasb:
Law says you must wait 5 years after the date you were convicted. Even then you might be given the title of "chemically dependent person" for earning a Class A versus B misdemeanor DUI.

"DWI is at least a Class B misdemeanor, and you are ineligible for a license for five years after a conviction for a Class A or B misdemeanor or disorderly conduct. This includes cases that were dismissed after you completed probation or deferred adjudication."


And in reality, they make you wait 5 years after the end of your probation.


No, they don't. ;)
Link Posted: 1/16/2015 8:57:33 PM EST
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Originally Posted By captexas:


Not sure where it is written he can't defend himself, he just can't get a CHL. And if I shoot a gun into a crowd of people on a street but by some chance the bullet missed everyone, should I not get charged with a crime because it was "victimless"? Should I not suffer the consequences for the decision I made? Guy drove while over the legal limit for alcohol, there are consequences for doing so (and getting caught) even if he was lucky and didn't hurt or kill anyone else. And I say that as someone who got a DWI 18 years ago and dealt with the consequences even though there were no "victims".
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Originally Posted By captexas:
Originally Posted By hondaciv:
Stripping a man of his right to defend himself because he broke a law and there is no victim.

That's not right.


Not sure where it is written he can't defend himself, he just can't get a CHL. And if I shoot a gun into a crowd of people on a street but by some chance the bullet missed everyone, should I not get charged with a crime because it was "victimless"? Should I not suffer the consequences for the decision I made? Guy drove while over the legal limit for alcohol, there are consequences for doing so (and getting caught) even if he was lucky and didn't hurt or kill anyone else. And I say that as someone who got a DWI 18 years ago and dealt with the consequences even though there were no "victims".


At 18? Or 18 years ago?
Link Posted: 1/16/2015 9:20:34 PM EST
DWI 1st in Texas is a Misd B, how did you catch a Misd A case? Was your BAC more than .15?
Link Posted: 1/16/2015 9:22:08 PM EST
Will he still be able to keep a weapon in the vehicle but not be able to get a CHL?


To open another can of worms..........how will this be handled if a constitutional OC bill is passed? (or something like it)

He is not "disarmed" just denied the "right" to carry.
Link Posted: 1/16/2015 9:28:32 PM EST
[Last Edit: 1/16/2015 9:31:42 PM EST by 1057]
To answer first part, it's my understanding yes, can still keep a handgun in his car as long as not committing or accused of comittinh an offense above a class c.

Unless law is changed under 46.02 that would be an additional charge as it is now. Meaning if you had a handgun in your vehicle which is legal as long as your not doing something above a class C.

So if you have a pistol under your seat and your arrested for a DWI(min Class B), you will catch two charges depending on officer. Versus stopped for speeding and having handgun in your car which doesn't fall under unlawfully carrying a weapon
Link Posted: 1/16/2015 9:31:31 PM EST
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Originally Posted By 1057:
Unless law is changed under 46.02 that would be an additional charge as it is now. Meaning if you had a handgun in your vehicle which is legal as long as your not doing something above a class C.

So if you have a pistol under your seat and your arrested for a DWI(min Class B), you will catch two charges depending on officer. Versus stopped for speeding and having handgun in your car which doesn't fall under unlawfully carrying a weapon
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I think the question is will the current Class A keep him from unlicensed car carry.

It will not. ;)
Link Posted: 1/16/2015 9:32:56 PM EST
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Originally Posted By txinvestigator:



I think the question is will the current Class A keep him from unlicensed car carry.

It will not. ;)
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Originally Posted By txinvestigator:
Originally Posted By 1057:
Unless law is changed under 46.02 that would be an additional charge as it is now. Meaning if you had a handgun in your vehicle which is legal as long as your not doing something above a class C.

So if you have a pistol under your seat and your arrested for a DWI(min Class B), you will catch two charges depending on officer. Versus stopped for speeding and having handgun in your car which doesn't fall under unlawfully carrying a weapon



I think the question is will the current Class A keep him from unlicensed car carry.

It will not. ;)


Was Nswering gophers question ;-)
Link Posted: 1/16/2015 9:48:03 PM EST
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Originally Posted By DiazOsos:
At 18? Or 18 years ago?
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About 18 years ago. July 2, 1997. I'm really bad at remembering dates, but I remember that one. Like the OP, I was lucky and no one else was involved. Hell, all I did was pull out of the parking lot of the bar and pull directly into the parking lot of the office building next door, less than 50 yards on the access road. Either to sleep it off or to take a leak, I don't know which, but the not remembering part was the problem due to being drunk. One of the few times and the last time I drank liquor. Officer didn't even see me driving but still got charged with DWI.
Link Posted: 1/17/2015 1:21:18 AM EST
You are not eligible for a Texas chl until 5 years from your conviction date.

I'm in the "Save a child's life, shoot a drunk driver" camp, but also in the "Free men ought not be barred the use of arms" camp as well. Best of luck to you.
Link Posted: 1/17/2015 6:35:41 AM EST
The labeled "Chemically Dependent" part by the government is disconcerting after 1 DUI by Texas, and is definitely an underhanded step towards losing one's second amendment rights.
That label by the Gov't will have its own hidden consequences one day.

And if you think this is baseless, consider the overreaching Lautenberg Amendment, for a misdemeanor crime (like DUI).

I can't help but feel that every new law is a flanking maneuver on 2 A rights these days
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