A few questions...complex but may be a simple answer

[AustinTXMarine]

First of all, hello, new member and have had my CHL for 5+ years.....now, to the reason why I joined and why I am posting this...

One year ago, I was following my two friends in their car in downtown Austin. They were pulled over for an illegal lane change right in front of me. Being a former Marine, I continued on, but turned around and went back to make sure they were OK (we were going to their house, so I did not have an option really - I could not get into their house without them). I pulled into a parking lot to watch them from about 50 yards away....I am sure some of you know where this is going already. To keep this short, the driver was arrested for DUI, and the passenger was sent on his way in a cab. While that was happening, another officer pulled into the parking lot and asked me what I was doing (standing outside my car).

I identified myself, gave him my DL, my CHL and my volunteer police ID. I had been drinking (with dinner), not anywhere near the legal limit, and I had no weapons on me or in the car. What I did have, apparently, was a bad attitude. Again, to keep this short, they started looking at me for a DUI also. I refused to take any field test or breath test, so they arrested me.

Here is where my questions come. I was charged with DUI, and subsequently got a crappy attorney, who actually got the DUI dismissed but still ended up with an Obstuction of Hwy charge which required probation. My CHL was never discussed by the courts or by DPS (drivers license hearing). I now have my drivers license back and have completed probation. Last week I got a letter in the mail from DPS saying it is almost time to renew my CHL, giving me a code to do it online....so here are the questions:

Should my CHL have been revoked when this happened? If so, why haven't they done it....and subsequently why are they inviting me to renew it?
Can I renew my CHL with an obstruction charge? If not, when can I? If yes, what do I put on the paperwork?
Lastly, are there any good attorneys in the Austin area who can guide me through this without some rediculous fee?

Thanks in advance for all your advice.

[Keith B]

First off, welcome to the forum.

Obstruction of a highway is a common plead-down on a DWI charge. The Obstruction of a Highway charge basically states that a person commits an offense if, without legal privilege or authority, he intentionally, knowingly or recklessly obstructs a highway to which the public has access or any other place used for the passage of persons, vehicles or conveyances, regardless of the means of creating the obstruction and whether the obstruction arises from his acts alone or from his acts and the acts of others.

Although there is rarely an allegation that the driver actually obstructed anyones access to a public road, obstruction of a highway is a popular reduced charge in some jurisdictions.

Obstruction of a highway is classified as a class B misdemeanor in the Texas Penal Code. It carries a maximum punishment of up to six months in the county jail and a $1,000 fine. Importantly, there is supposed to be no license suspension upon a conviction of obstruction of a highway.

But, CHL rules state that the applicant has not been convicted in the past 5 years of a Class A or B misdemeanor. So, I am not a lawyer, but it sounds like even though they didn't suspend your CHL, it would have been a reason for suspension. Also, with the Calss B they will not approve your renewal and more than likely suspend your current CHL when applying as they will then have notification of the Obstruction charge.

I would suggest you spend the money on an attorney to see about getting this off your record if you want to keep your CHL.

[AustinTXMarine]

Thanks, I guess it is what it is. I was just not clear based on SB1424 and 411.186 #3 within the CHL law, whether or not there is anything I can do.

Anyone have a good lawyer in Austin for CHL related issues? I have looked through the other lawyer questions, but have not seen anyone for Austin.

[cubbyjg]

Wait, you received a DUI even though you were standing outside of the car? Was the key in the ignition or something? I thought you had to be driving to get a DUI?

[mymojo]

Wait, you received a DUI even though you were standing outside of the car? Was the key in the ignition or something? I thought you had to be driving to get a DUI?

the exact question I had when I read it.

[Scott in Houston]

Wait, you received a DUI even though you were standing outside of the car? Was the key in the ignition or something? I thought you had to be driving to get a DUI?

No. If they can show that you drove to your location, you can get a DUI.

Drunks who have pulled over and taken a nap in their car, even if it was for the purpose of sobering up... so in essence, it was a good thing to do, still can get a DUI if the officer pulls up to the sleeping drunk in his car or even next to it.
They just need to be able to show you drove to where they got you. They do not have to get you in the actual act of driving.

I'm not an attorney, but my uncle specializes in defending DUI's. (And he's not in Austin unfortunately)

[G26ster]

I pulled into a parking lot to watch them from about 50 yards away....

How is standing outside your car in a parking lot "Obstruction of a Highway?" Were you blocking the entrance/exit?

[cbr600]

How is standing outside your car in a parking lot "Obstruction of a Highway?" Were you blocking the entrance/exit?

Maybe I misunderstood, but sounded like he took a plea bargain. i.e. he plead guilty to 42.03 (Obstructing Highway or Other Passageway) in exchange for them dropping the 49.04 (Driving While Intoxicated) charges. If so, he didn't have to actually commit the offense for which he plead guilty.

[AustinTXMarine]

Yes, it was a plea bargin....like I said, crappy attorney and I did not even know that obstruction of a highway was a class B. My mistake for being ignorant. I don't know if it is even possible to go back and try to change it? Some type of appeal?

I got the DUI charge because they said I had the intent to drive, therefore they could give me the sobriety testing which I refused, giving them the right to arrest me. The whole situation sucks. I have never been arrested, or had a ticket for that matter. I hold my CHL with absolute respect for what it takes to have one and the responsibility that comes with it....now I cannot renew it, and I will not be able to get another one for at least 5 years. Really sucks because I am on the road every week, going to places that I do not know.

For what it is worth, I found out after the fact that the officer who ended up arresting me has a history of being very close to the line with suspects. I have tons of pictures of what ended up happening to me after they cuffed me. I was really upset that they were arresting me, saying that I wanted my attorney...The officer hit me in the chest a couple times, then threw me on the ground (again, while cuffed) and then two officers picked me up and put me in the back of the car. Of course none of this was on the video tape because we were at the side of the car, but the bleeding elbows, torn shirt and marks on my chest were all there when I got out of jail.

[casingpoint]

As a former marine according to your title, your experience might cause you to wonder why you bothered to serve your country in the Armed Forces. There is a large segment of the U.S. population now which is not worth fighting for. I knew a guy in high school who didn't make it back from Vietnam. He was a good young man, and he missed his life. I look around at the state of American society today and conclude his sacrifice was a total waste. Your story reinforces that. I was very, very lucky not to have to go to Nam. As my aging father, now approaching 92 and a veteran of the European WWII theater says, "This isn't what we fought the war for."

[AustinTXMarine]

I am a former Marine Sergeant, and yes, it is something like this among other absurdities, that often cause me to question my service and the dedication I have to my country. I also serve as a volunteer victim counselor for the police department, which I have obviously not put in any more of my time since this all happened. Those that I have helped in that role really needed someone, it is a shame that I am no longer there, dedicating my time to ensure that they get what assistance they need.

I feel like an officer, with a chip on his shoulder, can adversely affect my life regardless of what I have done in the past or what really happened that night. I know I was wrong in turning around that night but my training and my nature would not let me leave. Now I regret something that I should not regret.

[puma guy]

Thank you for your service! Hope you find a way to erase this from your record and renew your CHL. Don't forget you still have a right to keep a weapon in your vehicle under the "Castle Doctrine" legislation in Texas. It's limiting but if you are on the road a lot at least you're able to defend yourself while in a vehicle. IANAL

[surprise_i'm_armed]

AustinTXMarine, et al:

I do agree with the others that getting legal counsel would
assist you at this time, but let me pose this question:

If DPS has already contacted you about your upcoming renewal,
doesn't this indicate that they don't know anything about the
legal entanglements in which you have been involved?

I don't know how recently you were arrested, but if a CHL is
arrested and then becomes ineligible to retain his CHL, doesn't
DPS hop on this right away and revoke the plastic immediately?

SIA

[casingpoint]

I am a former Marine Sergeant

Then perhaps you can take comfort knowing in a confrontation mano-a-mano, all things being equal, you would most likely trump that cop, and he doesn't have a clue.

[AustinTXMarine]

I am confident that mano-a-mano, he would not have stood a chance, but since I had cuffs on it was a little different story...

I am curious about the fact that DPS has actually asked me to renew it, and they were also the ones who took my drivers license when I refused the field test. Shouldn't they have taken my CHL already?

Also, I still have yet to find a good lawyer in Austin who is familiar with Gun laws. Anyone have some advice?

Matt