DUI by Minor

[j3x]

Will a DUI by Minor less than two yeras ago dis-quailfy a person from obtaining a CHL?

[hheremtp]

if the person was a minor two years ago they sill would not be eligible for a CHL due to age. You must be 21 to get a CHL, unless you are Military, then it's 18.

[j3x]

if the person was a minor two years ago they sill would not be eligible for a CHL due to age. You must be 21 to get a CHL, unless you are Military, then it's 18.

Not if they were charged with DUI by Minor at the age of 19. Actually about 19 1/2 .

[hheremtp]

true, and to answer your question, NO not eligible. Even though it was at 19, you were sill over the age of 18, which means your records are not sealed. you must wait 5 yrs from the date of disposition of the case. Sorry.

[j3x]

true, and to answer your question, NO not eligible. Even though it was at 19, you were sill over the age of 18, which means your records are not sealed. you must wait 5 yrs from the date of disposition of the case. Sorry.

OK...what if the charge was expunged?

[hheremtp]

Don't know bout that one, someone else that is better versed in the law should be along shortly that can answer that one. If not you could contact DPS and ask to speak to one of the Attnys. They should be able to help you find the answers you seek. Regardless, there will be someone on this board that will be able to tell you. Good luck.

[seamusTX]

We need to be clear about terminology here.

Under Texas law, DUI means driving under the influence. A person under age 21 commits this offense by driving a motor vehicle or operating a boat "while having any detectable amount of alcohol in the minor's system." (Alcoholic Beverage Code 106.041). This is a class C misdemeanor on first offense.

In the Alcoholic Beverage Code, minor is defined as a person under age 21.

IMHO, a simple DUI is not a qualification for a CHL.

DWI means driving while intoxicated. That is at least a class B misdemeanor and a disqualification for a CHL for at least 5 years.

IANAL, etc.

- Jim

[j3x]

We need to be clear about terminology here.

Under Texas law, DUI means driving under the influence. A person under age 21 commits this offense by driving a motor vehicle or operating a boat "while having any detectable amount of alcohol in the minor's system." (Alcoholic Beverage Code 106.041). This is a class C misdemeanor on first offense.

In the Alcoholic Beverage Code, minor is defined as a person under age 21.

IMHO, a simple DUI is not a qualification for a CHL.

DWI means driving while intoxicated. That is at least a class B misdemeanor and a disqualification for a CHL for at least 5 years.

IANAL, etc.

- Jim

So a DUI by Minor ( age 19 at time of offense) is not a dis-quailfing offense? It was charged as a class C and is in the process of being expunged.

[seamusTX]

Yes, a class C is not a disqualification, except under Penal Code 42.01. That is disorderly conduct.

It doesn't matter whether you get deferred adjudication or expunction. It's not a disqualification in the first place.

The relevant code for the disqualification is Government Code 411.172(a)(8).

- Jim

[j3x]

Thanks for the help guys!