TexasCHLforum.com

Hello, so I really haven't been able to find a straight answer to my question, and was hoping that someone here might be able to shed some light on my situation.

I have had two run ins with law enforcement, the info is below:

Class a misdemeanor for possession of marijuana- plead guilty on 12/13/2013

Class a misdemeanor for DWI- plead guilty on 6/24/15.

There was no assault, battery, or any other associated charges with either event. It just a possession charge, and a DWI charge.

I am completely finished with any house arrest, license suspensions, classes, courses, etc. In other words, these events are completely behind me.

My question is, will I be eligible 5 years from my DWI conviction, or does having 2 drug/alcohol related offenses bar me from having a CHL permanently?

I live and work in a rough part of Houston, and while I do keep my firearm in my vehicle, I would be much more comfortable being able to carry, especially when I am with my daughter.

Thank you for taking the time to read, I appreciate it.

It's 5 years from your DWI disposition date. assuming no new arrests between now & then. So the year 2020.

For the purposes of CHL eligibility, they use the phrase "Chemically Dependent Person". Government Code 411.171

“Chemically dependent person” means a person who frequently or repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated or use those substances as often as the opportunity is presented.

So, if you are smoking weed or getting hammered on a regular basis, that is one thing. If these were two youthful indiscretions and it is out of your system, should not be a problem.

In some states, it will say things like "If you have had two substance related convictions in X amount of time" but in Texas, there is no such rule.

Once your 5 years is up, you should be GTG.

What about 411.172(c)?

apostate wrote:What about 411.172(c)?

This is correct. Two convictions within the 10 year period will disqualify you for a LTC. You will have to wait until 10 years from the 1st conviction to be eligible, so 2023.

(c) An individual who has been convicted two times within the 10-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. - See more at: http://codes.findlaw.com/tx/government- ... Lihgs.dpuf

That's only for 2 DWI's. It's not enforced if you have 1 DWI & 1 Poss of Marijuana charge. 100% promise. Btw, I'm referring to the 10 year "chemically dependent" rule. Your DWI from 2015 makes you ineligible until 2020. (5 year window). example: let's say someone had 3 different Misd A or B convictions for Poss of Marijuana & all 3 took place with the year 2014. That person would be eligible in 2019, not 2024. The 10 year thing only applies to DWI's/DUI's.

infoman wrote:That's only for 2 DWI's. It's not enforced if you have 1 DWI & 1 Poss of Marijuana charge. 100% promise. Btw, I'm regerring to the 10 year "chemically dependent" rule. Your DWI from 2015 makes you ineligible until 2020. (5 year window).

You better read the statute I posted. If DPS is not following this, then they are breaking the law by issuing the license.

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

Keith B wrote:

infoman wrote:That's only for 2 DWI's. It's not enforced if you have 1 DWI & 1 Poss of Marijuana charge. 100% promise. Btw, I'm regerring to the 10 year "chemically dependent" rule. Your DWI from 2015 makes you ineligible until 2020. (5 year window).

You better read the statute I posted. If DPS is not following this, then they are breaking the law by issuing the license.

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

That is the way I was taught and the way I teach it. That was even an exact example at one of the Instructor courses.

I promise no one has been denied for a poss of Marijuana & a DWI in relation to the 10 year "chemically dependent" statue. example: if a person had a possession of Marijuana Class B misdemeanor in 2009 & another separate possession of Marijuana Class B misdemeanor 2010. (disposition dates) DPS would not deny that person under "chemically dependent" statue. They would deny them however if the person had 2- DWI charges (1 in 2009 & 1 in 2010). I promise I'm correct on this. call up DPS & ask.

Keith B wrote:You better read the statute I posted. If DPS is not following this, then they are breaking the law by issuing the license.

What's new?

Trust me I know the statues inside & out. I'm just saying what they do & don't deny for. & if you called them & asked specifically the example I gave. (The 2 Poss of Marijuana charges in 2009 & 2010). Both over 5 years, yet both within 10 years. Both Class B misdemeanors. DPS would not deny that person under "chemically dependent". & of course for this example I mean convictions/deferred adjudications. Disposition dates 2009 & 2010. Call & ask them as an eligibility question. I'll eat crow if I'm wrong.

infoman wrote:Trust me I know the statues inside & out. I'm just saying what they do & don't deny for. & if you called them & asked specifically the example I gave. (The 2 Poss of Marijuana charges in 2009 & 2010). Both over 5 years, yet both within 10 years. Both Class B misdemeanors. DPS would not deny that person under "chemically dependent". & of course for this example I mean convictions/deferred adjudications. Disposition dates 2009 & 2010. Call & ask them as an eligibility question. I'll eat crow if I'm wrong.

I think you're right....where the statute says USE OF alchohol or controlled substance is an element of the offense. DWI....use of the substance is an element of the offense. POSESSION of MJ does not involve the USE of a controlled substance. That's why I think DPS is interpreting this way. I could be dealing tons of marijuana and never USE it...so I woudn't be chemically dependent...although I'd get a felony for the 2000 lbs.

ScottDLS wrote:

infoman wrote:Trust me I know the statues inside & out. I'm just saying what they do & don't deny for. & if you called them & asked specifically the example I gave. (The 2 Poss of Marijuana charges in 2009 & 2010). Both over 5 years, yet both within 10 years. Both Class B misdemeanors. DPS would not deny that person under "chemically dependent". & of course for this example I mean convictions/deferred adjudications. Disposition dates 2009 & 2010. Call & ask them as an eligibility question. I'll eat crow if I'm wrong.

I think you're right....where the statute says USE OF alchohol or controlled substance is an element of the offense. DWI....use of the substance is an element of the offense. POSESSION of MJ does not involve the USE of a controlled substance. That's why I think DPS is interpreting this way. I could be dealing tons of marijuana and never USE it...so I woudn't be chemically dependent...although I'd get a felony for the 2000 lbs.

You may have a point. Possession does not necessarily constitute use. However, we all know that it probably means they are using the drug. However, if they are charged with being under the influence, then that would still be DWI or public intoxication (rare), even if not alcohol related.

So what's the verdict guys? 10 years from first offense, or 5 years from dwi? Really want to get this settled so I don't have to wonder.

5 years from the DWI.