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I've been going through the application process since early October. I have been hung up on tge background check. I received a letter the other day stating delayed due to a possibly disqualifying arrest. I was arrested and charged with a DUI minor class c misdameanor at the age of eighteen. The dps requested that I send in court documents giving the level of the charge and final outcome. I gave them what the courts gave me. It stated the amount of the charge, terms of probation, title of conviction, and date probation terms were completed. It did not state that it was a class c charge. Does anyone know either way if I will be approved or denied?

Jweaver wrote:I've been going through the application process since early October. I have been hung up on tge background check. I received a letter the other day stating delayed due to a possibly disqualifying arrest. I was arrested and charged with a DUI minor class c misdameanor at the age of eighteen. The dps requested that I send in court documents giving the level of the charge and final outcome. I gave them what the courts gave me. It stated the amount of the charge, terms of probation, title of conviction, and date probation terms were completed. It did not state that it was a class c charge. Does anyone know either way if I will be approved or denied?

A DWI in Texas is a Class B misdemanor for an adult, but is a Class C for a minor (1st offense). How long ago was conviction date?

Keith B wrote:A DWI in Texas is a Class B misdemanor for an adult, but is a Class C for a minor (1st offense).

Is it really a lesser offense if a drunk driver is someone who can't legally drink?

How drunk were the legislators who passed that law?

No, a DWI is a class B for everyone. A DUI is a class C because it is for minors BUT it is allowed for any detectable alcohol in their system. It does not require impairment or a specific BAC as a DWI does. The shorthand use in English of the legal terms sometimes can cause confusion over simple things.

If yu will look closely when yu get your court papers you will see the charge may be DUI but it will say (court literal- DWI) so yes it is a DWI...I had gotten one when I was 18 back in 1979 but I went to the dps website and paid a couple of dollars before I applied for the chl and yes it was still there so I got certified copies from my county and sent them in with the application .
deferred is considered as guilty when applying for your chl...mine was a class B

brucesw2 wrote:If yu will look closely when yu get your court papers you will see the charge may be DUI but it will say (court literal- DWI) so yes it is a DWI...I had gotten one when I was 18 back in 1979 but I went to the dps website and paid a couple of dollars before I applied for the chl and yes it was still there so I got certified copies from my county and sent them in with the application .
deferred is considered as guilty when applying for your chl...mine was a class B

We did not have DUI for persons under 21 in 1979. DUI is a more recent charge.

Today a DUI will show as a DUI.

OP, get certified copies from the court clerk.

My court papers state DUI as the charge then on deferred adjudication discharge papers it says ...court literal DWI ...if you go to the dps website and run your own background check it will say the same charge- dui ...court literal dwi...which is why they are wanting more info

brucesw2 wrote:My court papers state DUI as the charge then on deferred adjudication discharge papers it says ...court literal DWI ...if you go to the dps website and run your own background check it will say the same charge- dui ...court literal dwi...which is why they are wanting more info

Bruce, in 1979 when you received your charge the legal age for consumption was 18. Your DWI was just that. There was no DUI then. DUI came about after the drinking age was raised to 21 in 1986. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR was made a law in 1997. It is in the Alcoholic Beverage Code

I don't know why your DPS history shows DUI, but the OP's case is different. He was under 21 and his charge is a class C.

His situation is not like yours. His DPS record will not show DWI.

I received and mailed my court docs yesterday along with the original paper I received from the dps and a hand written letter stating why I didn't put down the charge in my application and a copy of my email I sent to the county requesting the court docs. I hope and was asking if I will be approved. I was arrested in May of 2010. ??????????????

I'm curious, but don't care as much as being approved, about why I am being accused of not giving full disclosure. I could almost swear that on the application it requested only class b through felony charges to be listed. And why do I have to contact a state office to get information for another state office when they go through the all mighty FBI for information. Sorry for the rant.

And to throw in my two cents about the difference between the DUI and dwi is the details of the arrest. A dwi is driving while intoxicated which means you are actually impaired (leggaly) at %.08 or more BAC. This carries a higher fine and probation requirements and carries a higher level charge. A DUI comes into play with the state of Texas' zero tolerance laws for those under the age of 21. Spilt alcohol on a shirt can get a 20 year old a night in jail for a DUI minor. This is only a class c charge because the charged is not neccasarilly intoxicated. However a minor can and will recieve a dwi if they fail a sobriety test. In my case I admitted to having been drinking so was not tested and could not be charged with the dwi. Keep in mind this only is true for texas because some states DUI charges are equivelant to a dwi here.

Good luck to yu jweaver I hope it all works out for yu

If it was truly a class C, you should be ok...

I'm going to guess that if the DPS check came back with something that indicated a DUI/DWI in 2010, their assumption is that most of those are class B, and your failure to report a class B on your application would be disqualifying.

GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:
..........snip......
(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense or of an offense under Section 42.01, Penal Code, or equivalent offense
...........snip..............
(14) has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174.

I hope it all works out for the best for you.

Jweaver wrote:I received and mailed my court docs yesterday along with the original paper I received from the dps and a hand written letter stating why I didn't put down the charge in my application and a copy of my email I sent to the county requesting the court docs. I hope and was asking if I will be approved. I was arrested in May of 2010. ??????????????

I'm curious, but don't care as much as being approved, about why I am being accused of not giving full disclosure. I could almost swear that on the application it requested only class b through felony charges to be listed. And why do I have to contact a state office to get information for another state office when they go through the all mighty FBI for information. Sorry for the rant.

No, it asks for all arrests. You did not tell us in your first post that you failed to disclose. This fail to disclose is the reason for your holdup.

I suspect that once DPS investigates and determines it was a class C you will be good to go.

And to throw in my two cents about the difference between the DUI and dwi is the details of the arrest. A dwi is driving while intoxicated which means you are actually impaired (leggaly) at %.08 or more BAC.

Actually that is not correct. A person does not have to be at .08% BAC to be impaired for a DWI. The main difference between DWI and DUI is the age of the violator. The secondary difference is that DUI does not require any impairment to be proven. All that has to be shown is any detectable amount of alcohol.

A person under 21 can be charged with either DWI or DUI. A person 21 or over cannot be charged with DUI.

For a person under 21 a DUI is a much simpler case to prosecute.

I agree with jbam that we are required to disclose all arrests. We are not supposed to omit things because we think they shouldn't be a problem. That is their job to make those decisions.

You will probably be OK if you send all the documentation now. Technically DPS can deny your application for ommitting it and making a false statement on your application but they don't seem to do that much.

Well I don't know when it uodated but when I checked earlier this morning it was updated to mailed. Glad it didn't take a long time.

Jweaver wrote:Well I don't know when it uodated but when I checked earlier this morning it was updated to mailed. Glad it didn't take a long time.