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DWI arrest while CHL is an automatic UCW...

Posted: Wed Jun 01, 2011 6:56 am
by gigag04
Not that we encountered this exact scenario at work or anything.....

DWI is a class B misdemeanor. If a CHL holder has a gun IN their vehicle or on their person (carrying under MPA or CHL - you pick), they get an automatic class A misdemeanor UCW charge.

Interesting - I never really thought through that but it makes sense.

Re: DWI arrest while CHL is an automatic UCW...

Posted: Wed Jun 01, 2011 7:12 am
by longtooth
That is the way I teach it in class.

Re: DWI arrest while CHL is an automatic UCW...

Posted: Wed Jun 01, 2011 7:29 am
by 7075-T7
gigag04 wrote:If a CHL holder has a gun IN their vehicle
Even in the trunk of the vehicle or some other inaccessable place (truck bed locked containers, etc.)?

Just playing devils advocate, I do not condone or practice such things. :tiphat:

Re: DWI arrest while CHL is an automatic UCW...

Posted: Wed Jun 01, 2011 7:32 am
by MoJo
Makes sense. Another reason to not drink and drive and shoots a hole in the argument "I'm carrying under MPA not my CHL."

Re: DWI arrest while CHL is an automatic UCW...

Posted: Wed Jun 01, 2011 7:35 am
by kjolly
That's what they taught us also. 0 tolerance.
Purely irresonsible to drink and have a gun in the car.

Re: DWI arrest while CHL is an automatic UCW...

Posted: Wed Jun 01, 2011 7:39 am
by MoJo
7075-T7 wrote:
gigag04 wrote:If a CHL holder has a gun IN their vehicle
Even in the trunk of the vehicle or some other inaccessable place (truck bed locked containers, etc.)?

Just playing devils advocate, I do not condone or practice such things. :tiphat:
I believe if he gun is locked in the trunk, a pickup's tool box or, is inaccessable without exiting the viehicle it's OK.

Re: DWI arrest while CHL is an automatic UCW...

Posted: Wed Jun 01, 2011 8:38 am
by gigag04
That would be court dependent. Care custody and control is the issue.

Re: DWI arrest while CHL is an automatic UCW...

Posted: Wed Jun 01, 2011 8:48 am
by The Mad Moderate
My question is why does this not happen to police, we have had a few APD officers arrested for DWI in the past few years and all were allowed to continue working and as far as I know were not charged with UCW even though I know of one case where he was on duty therefor presumably carrying a weapon.

Re: DWI arrest while CHL is an automatic UCW...

Posted: Wed Jun 01, 2011 8:54 am
by speedsix
...very appropriate question...several local officers have been arrested DUI in recent years...it wouldn't do for the media to find that citizens are being charged with UCW and officers are being given a pass...is there any case history where anyone has been charged in this manner yet???

Re: DWI arrest while CHL is an automatic UCW...

Posted: Wed Jun 01, 2011 9:06 am
by SQLGeek
Yet another reason I'm glad I live where I do. All of my drinking is done (not that it is all that much) at home or at a neighbor's house.

Re: DWI arrest while CHL is an automatic UCW...

Posted: Wed Jun 01, 2011 9:07 am
by philip964
UCW Ultimate Christian Wrestling ?

Re: DWI arrest while CHL is an automatic UCW...

Posted: Wed Jun 01, 2011 9:10 am
by RoyGBiv
philip964 wrote:UCW Ultimate Christian Wrestling ?
Unlawful Carrying of a Weapon, IIRC

Re: DWI arrest while CHL is an automatic UCW...

Posted: Wed Jun 01, 2011 11:23 am
by texanron
Also what I was taught in class.

Re: DWI arrest while CHL is an automatic UCW...

Posted: Wed Jun 01, 2011 12:57 pm
by alvins
what i dont get is why anyone thinks alcohol,guns,driving go together period.

Re: DWI arrest while CHL is an automatic UCW...

Posted: Wed Jun 01, 2011 1:30 pm
by hirundo82
loadedliberal wrote:My question is why does this not happen to police, we have had a few APD officers arrested for DWI in the past few years and all were allowed to continue working and as far as I know were not charged with UCW even though I know of one case where he was on duty therefor presumably carrying a weapon.
Because it's not illegal for police to carry while intoxicated. A CHL holder can be charged under ยง46.035, Unlawful Carrying of Hangun by License Holder (subsection (d) to be specific); there is no equivalent offense for police.