Reason for a Denial?

[Winston33]

I've been reading around this forum for a while now, and Im glad to be a new member. I recently turned 21 and Im about to begin my application process. My main question concerns my small criminal history...
I understand the laws of what disqualifies you and what does not, but im just curious as to whether these could be potentially a reason for a denial.

--Two Class C misdemeanors of Minor in Possession of Alcohol, (one deferred, one guilty plea)

--One Class C misdemeanor of Possession of a False Identification Card (dismissed)

--One Class B misdemeanor of Failure to Provide Identification (or Failure to ID) - (This charge was reduced to a Class C Possession of False ID, but then later dismissed, with no fine paid)

These concern me some, especially because of the common factor of alcohol involved. Will these charges jeapordize the approval of my application? And if so, is there anything I can do to help it?
Thanks

[Keith B]

The only one that might would have been the Class B, but it was dismissed, so no conviction.

The only conviction was a class C, bit that does not disqualify you.

Texas is a 'Shall Issue' state, so if you meet the qualifications, which it appears you do, then you should be able to get a CHL.

However, understand if you do get your CHL that there is no 'legal limit' for alcohol, so drinking period and carying will get you in a LOT of trouble and you can lose your CHL for good.

[frankie_the_yankee]

However, understand if you do get your CHL that there is no 'legal limit' for alcohol, so drinking period and carying will get you in a LOT of trouble and you can lose your CHL for good.

But note that this doesn't mean that the legal limit is zero, just that no precise BA level is defined in the law.

It is illegal to carry while intoxicated. It is NOT illegal to drink while carrying.

Do a search and read the several "drinking while carrying" threads for more complete info on this.

[DoubleJ]

you watch for the drinking thing like a hawk, don'tcha Frankie?

[Keith B]

However, understand if you do get your CHL that there is no 'legal limit' for alcohol, so drinking period and carying will get you in a LOT of trouble and you can lose your CHL for good.

But note that this doesn't mean that the legal limit is zero, just that no precise BA level is defined in the law.

It is illegal to carry while intoxicated. It is NOT illegal to drink while carrying.

Do a search and read the several "drinking while carrying" threads for more complete info on this.

Yes, that is another gray area. Technically, if you have had anything to drink, and they want to push it, then a BA of .01 could be called 'under the influence' and they would let the DA decide if they want to prosecute. If he/she does charge you, then they will let the Judge decide. A big hassle all around.

[DoubleJ]

I'm pretty sure they would have to fulfill more of the "intoxicated" charge with things like slurred speech, dilated pupils, lack of coordination....



but let us not quibble over what has been quibbled over before.

the point is, our dear young friend is eligible for a CHL.

[frankie_the_yankee]

you watch for the drinking thing like a hawk, don'tcha Frankie?

I just have this thing about mis-information being tossed around.

I think the bad experience with the preachy blowhard instructor I had for my renewal class last April has left me permanently scarred.

[PAR]

but let us not quibble over what has been quibbled over before. the point is, our dear young friend is eligible for a CHL.

[frankie_the_yankee]

Technically, if you have had anything to drink, and they want to push it, then a BA of .01 could be called 'under the influence' and they would let the DA decide if they want to prosecute.

Please note that "under the influence" is not the criteria. The law says you cannot be "intoxicated".

[Keith B]

Technically, if you have had anything to drink, and they want to push it, then a BA of .01 could be called 'under the influence' and they would let the DA decide if they want to prosecute.

Please note that "under the influence" is not the criteria. The law says you cannot be "intoxicated".

OK, if you go back and look on the DPS website, it states " (6) "Intoxicated" has the meaning assigned by Section 49.01, Penal Code."

and Texas Penal Code Section 49.01 states: "(2) "Intoxicated" means:
(A) not having the normal use of mental or
physical faculties by reason of the introduction of alcohol, a"
controlled substance, a drug, a dangerous drug, a combination of
two or more of those substances, or any other substance into the
body; or
(B) having an alcohol concentration of 0.08 or
more."

So, if they know you have been drinking, and they want to say you didn't have the normal use of mental or physical capacities, which is determined by LOTS of methods, then you could be charged if they want to play games and make a point

[razoraggie]

LOL.....

Hi-jacked....

[razoraggie]

From the above mentioned posts:

Being we are a "shall issue". As long as you are certain that everything is in the dismissed state, you should be alright. It may not hurt to investigate your record with the counties in question before you apply as a just in case measure.

Welcome aboard!

[Keith B]

LOL.....

Hi-jacked....

Sorry, my fault for the thread hijack. As I orginally stated before taking us down the rosey path, you should be eligible.

Good luck on the class and welcome to the forum!

[barres]

But make sure to document all of the instances in the appropriate place on the application. Just because they won't keep you from getting the license doesn't mean you don't have to tell the DPS about them!