DWI and CHL

[WEC]

I tried to do a search but the string "DWI" is too short and probably comes up with too many hits for the forum's search engine, so I figure I'd just post up another topic.

I have a friend who got convicted for a DWI around 5 years ago, and he is recently interested in getting his CHL. It was his first time getting arrested for him and the judge really threw the book at him, so he's been an extremely good boy since then. Needless to say, his record has been impeccable since the conviction, and I advised him that it has to be at least 5 years since the conviction for him to be eligible for his CHL. I just need verification on my advice to him. Thanks, everyone.

[seamusTX]

A single misdemeanor DWI is like any other misdemeanor. The person cannot apply for a CHL for five years after final disposition of the case.
The relevant law is

GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:
(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code

Since DWI is an intoxication offense, the person must be sure that he does not meet the definition of a chemically dependent person. As far as I can tell from reading this forum, DPS does not look more closely at someone who has a single offense.

- Jim

[WEC]

I appreciate it, Jim.

[jbirds1210]

A first time offense for DWI is a Class B, UNLESS there was someone in the car under 15 years of age. Hopefully that isn't the case, but I don't want you to give the guy bad information.

Sec. 49.045. Driving While Intoxicated with Child Passenger.
(a) A person commits an offense
(1) the person is intoxicated while operating a motor vehicle in a public place; and
(2) the vehicle being operated by the person is occupied by a passenger who is younger
than 15 years of age.
(b) An offense under this section is a state jail felony.

[WEC]

Thanks, Jason. My friend was alone at the time of the offense. I appreciate the clarification.