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Disqualifier

Posted: Sun Jul 17, 2011 10:46 pm
by native_
I was dumb and got a DUI on base in California when I was in the military in 2008. Being that I was only charged on base and not in court, does this disqualify me for a CHL for 5 years? Thanks for any help

Re: Disqualifier

Posted: Sun Jul 17, 2011 10:51 pm
by paulhailes
Welcome to the forum, if you have had a DWI in the past 5 years then you are disqualified.... I think, don't know about the whole on base thing. Just sit tight and someone with far more knowledge and grey hairs will be able to answer your question with more certainty, just kidding about the grey hairs thing.

Re: Disqualifier

Posted: Sun Jul 17, 2011 11:00 pm
by Chityworker
EXERT FROM DPS;

No. DWI is classified as at least a Class B misdemeanor, and you are ineligible for a license for five years after a conviction for a Class A or Class B misdemeanor or disorderly conduct. This includes cases that were dismissed after you completed probation or deferred adjudication. If you have been convicted of two or more alcohol or drug-related offenses within the last 10 years, you may not be eligible.

Re: Disqualifier

Posted: Mon Jul 18, 2011 11:09 am
by MasterOfNone
native_ wrote:I was dumb and got a DUI on base in California when I was in the military in 2008. Being that I was only charged on base and not in court, does this disqualify me for a CHL for 5 years? Thanks for any help
Were you actually charged with the crime, or did you get non-judicial punishment? I would not expect an Article 15 to appear on a background check, if that's what you got.

Re: Disqualifier

Posted: Mon Jul 18, 2011 12:07 pm
by v-rog
That is what I was going to ask. If it was an article 15, then I wouldnt worry about it. But if it was entered in the system (and I'm not sure they are linked) then that might be a problem.
MasterOfNone wrote:
native_ wrote:I was dumb and got a DUI on base in California when I was in the military in 2008. Being that I was only charged on base and not in court, does this disqualify me for a CHL for 5 years? Thanks for any help
Were you actually charged with the crime, or did you get non-judicial punishment? I would not expect an Article 15 to appear on a background check, if that's what you got.

Re: Disqualifier

Posted: Mon Jul 18, 2011 4:28 pm
by SewTexas
it may or may not show up in a background check, but wouldn't failure to disclose it act as a disqualifier?

Re: Disqualifier

Posted: Mon Jul 18, 2011 4:38 pm
by MasterOfNone
SewTexas wrote:it may or may not show up in a background check, but wouldn't failure to disclose it act as a disqualifier?
That depends on whether it was a criminal offense. Non-judicial punishment is not a criminal offense.

Re: Disqualifier

Posted: Mon Jul 18, 2011 5:45 pm
by boba
If he was arrested, he's legally required to report it, even if he wasn't charged with a crime.

Re: Disqualifier

Posted: Mon Jul 18, 2011 6:11 pm
by MasterOfNone
Very true. The application asked if you have been arrested or charged.

Re: Disqualifier

Posted: Mon Jul 18, 2011 7:27 pm
by native_
Thanks for the replies everyone. I'm just going to wait it out. Lesson learned once again.

Re: Disqualifier

Posted: Tue Jul 19, 2011 7:25 pm
by native_
Hey MasterofNone, is that a Cobra in your picture?

Re: Disqualifier

Posted: Tue Jul 19, 2011 10:10 pm
by MasterOfNone
native_ wrote:Hey MasterofNone, is that a Cobra in your picture?
Yes, it is. That 20mm cannon is the most enjoyable thing I ever got to fire.

Re: Disqualifier

Posted: Tue Jul 19, 2011 10:43 pm
by G26ster
MasterOfNone wrote:
native_ wrote:Hey MasterofNone, is that a Cobra in your picture?
Yes, it is. That 20mm cannon is the most enjoyable thing I ever got to fire.
We had our 6 barrel 20mm under the left wing when they first arrived in the inventory in RVN. I always wondered how they compared with the 3 barrel in the turret. Our turrets were ancient, with the 40mm and the 7.62 minigun. But then again, it was always good to lob grenades when at extreme low and slow flight. :mrgreen:

Re: Disqualifier

Posted: Tue Jul 19, 2011 11:10 pm
by gigag04
DUI (detectable amount of alcohol + under 21 yoa) is a class C in Texas. DWI (impairment or BAC > .08) is a class B, for the first one.

If it was an equivalent offense to DWI, then you have to wait.