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Worst. Valentines Day. Gift. Ever.mikea861 wrote:If I got a dwi in February 2008
Outside extenuating circumstances, first DUI is typically going to be a Class B, which carries a 5 year disqualification.Moby wrote:Is the first DUI a felony?
If not probably.
Read this.
http://www.txdps.state.tx.us/internetfo ... chl-16.pdf" onclick="window.open(this.href);return false;
Yup. It's the conviction date, not the charge date. If you got busted in Feb. then your court date would have been weeks or months later???SwimFan85 wrote:mikea861 wrote: I think it's a five year waiting period after the disposition, not the arrest, for A and B misdemeanors.
As long as you don't have other things that would disqualify you, you should be elligble 5 years after the conviction date, so that would be whatever the date in February was 2013mikea861 wrote:Sorry I should have given more details the arrest date was in October 2007
And the date it went to court and finalized was in feburary 2008
You can't have any in the past five years. If you pass that hurdle, you still can get DQed for two in the past ten years.TexasCajun wrote:You also cannot have had 2 DUI arrests within close proximity (2yrs maybe) of each other. DPS considers that to be evidence of alcohol/chemical dependency.
Is it really "arrests" or convictions? Seems kind of unsporting to define as "arrests". Believe it or not in this day and age there are actually people arrested for something they did not do... Just sayin'recaffeination wrote:You can't have any in the past five years. If you pass that hurdle, you still can get DQed for two in the past ten years.TexasCajun wrote:You also cannot have had 2 DUI arrests within close proximity (2yrs maybe) of each other. DPS considers that to be evidence of alcohol/chemical dependency.
That is not correct. Only convictions count. Many people have been arrested for things they did not do.TexasCajun wrote:For the 2 or more within proximity, it's arrests. DPS considers the pattern of behavior as an indicator of dependency.
DPS can use 2 or more arrests within close proximity in their determination of whether or not a person is "chemically dependent". Since this is administrative & not statutory, it can be subjectively applied. I know it's cliche, but I know someone who had applied for their CHL and was denied due to a conviction of DUI + a subsequent arrest for suspicion of DUI. Even though the 2nd offense was later dropped, DPS used it as a disqualifier until 10yrs since the 2nd incident.GC ยง411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:
...
(c) An individual who has been convicted two times within the10-year period preceding the date on which the person applies for a license of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section and is not qualified to receive a license under this subchapter. This subsection does not preclude the disqualification of an individual for being a chemically dependent person if other evidence exists to show that the person is a chemically dependent person
That bites!!TexasCajun wrote: DPS can use 2 or more arrests within close proximity in their determination of whether or not a person is "chemically dependent". Since this is administrative & not statutory, it can be subjectively applied. I know it's cliche, but I know someone who had applied for their CHL and was denied due to a conviction of DUI + a subsequent arrest for suspicion of DUI. Even though the 2nd offense was later dropped, DPS used it as a disqualifier until 10yrs since the 2nd incident.
Believe it or not in this day and age there are actually people convicted for something they did not do... Just sayin'ScottDLS wrote:Is it really "arrests" or convictions? Seems kind of unsporting to define as "arrests". Believe it or not in this day and age there are actually people arrested for something they did not do... Just sayin'