CHL HELP

[tuanle1987]

I have a question, well one of my friend is trying to get his CHL but last year he was standing outside his vehicle and a cop stopped him, seeing that he smelled alcohol he gave him a breathalyzer which he was double the limit and the cop gave him a dwi and he had a gun under the seat which he told the officer to look, finds out the officer also charges him for unlawful carrying of a weapon. I was wondering since he hasn't been convicted for the dwi or gun possession, would he be able to still get his CHL??

[apostate]

What's the current status of the DWI and UCW? He's not eligible while he's charged with the commission of a Class A or Class B misdemeanor. If/when the charges are dropped or he's found not guilty, he's good to go.

See GC §411.172.(a)(4)

[tuanle1987]

he's been to court but they keep rescheduling it, its been a year, i'm wondering do they even have enough evidence on him to convict him of a dwi. Its sad how garland cops are

[longtooth]

He is required to list all arrests then show final disposition of the case. As long as that is pending he is ineligable.

[C-dub]

They might be having a problem with the DWI/DUI if he was standing outside his car when the officer first saw him. I think this would just be public intoxication and it might be difficult to pin the UCW on him if he wasn't in the car, where the gun was. It might be possible to surmise that your friend was going to get in the car in that state, but they probably cannot prove that. For all anyone really knows, our friend could have called another friend to come and get them and he was just standing there waiting for his ride.

I am not a lawyer and sometimes don't have a clue what I'm talking about.

[wgoforth]

Can he get a CHL currently... no.
Can he beat this rap if he makes a good case? Probably. He may need to get a lawyer to do so and to speed up the process. He needs to demand a "speedy trial" so he can get on with his life.