TexasCHLforum.com

Dwhale5150 wrote:

RoyGBiv wrote:

Acronym Esq wrote:

BBYC wrote:I think it's five years for a misdemeanor plus an extra two years if they revoked it.

I can't find the 2 year addition provision. Cite?

Acronym 11/15/2017 12:55 PM

Revocation... If your license is "Revoked" (instead of "turned in voluntarily pending outcome"), it adds 2 years onto the wait period..

GC 411.186 Revocation. (emphasis mine)

(c) A license holder whose license is revoked for a reason listed in Subsections (a)(1)(5) may reapply as a new applicant for the issuance of a license under this subchapter after the second anniversary of the date of the revocation if the cause for revocation does not exist on the date of the second anniversary. If the cause for revocation exists on the date of the second anniversary after the date of revocation, the license holder may not apply for a new license until the cause for revocation no longer exists and has not existed for a period of two years.

I am not a lawyer... this si my OPINION, not legal advice...

My understanding is that if you commit a disqualifying crime you can turn in your license before your conviction is entered and avoid having it "Revoked" at the end of the criminal process. However, if the state goes through the trouble of having to revoke your LTC, you need to wait "until the cause for revocation no longer exists and has not existed for a period of two years", which means you need to wait 5 years after the DUI conviction PLUS two years.

Stated differently.... if the State has to revoke your license, the revocation itself is a 2 year disqualifier and is served consecutively to any other disqualifier (in this case 5 years for DUI plus 2 years for revocation, if revocation was needed).

Maybe I have this wrong... but this is my recollection.

Good luck OP.... Sounds like you paid your dues and I hope you get your license back.

That's good information man. Thank you for the input.

You've just made me remember how it all went down now. This was my "first rodeo" when it came to legal problems so I was really flying by the seat of my pants when it came to figuring out what I had to do. When I went to court for my DWI, my CHL was never brought up and I remember thinking, "Well, since I didn't have a weapon in my possession, maybe I don't lose my CHL". Then my DPS buddy broke the news to me that "the judge doesn't take your CHL the state does". I sent it in as my buddy told me to do however, within a week or so, I received a letter from the state telling me to send them my license. SO...I'm guessing that means they REVOKED it before I sent it in to them. My license and their letter to me passed in the mail.

Again, thanks for the input even tho it may be bad news LOL...maybe I'm waiting another 2 years!!!

Acronym Esq wrote:

BBYC wrote:I think it's five years for a misdemeanor plus an extra two years if they revoked it.

I can't find the 2 year addition provision. Cite?

Acronym 11/15/2017 12:55 PM

(c) A license holder whose license is revoked for a reason listed in Subsections (a)(1)(5) may reapply as a new applicant for the issuance of a license under this subchapter after the second anniversary of the date of the revocation if the cause for revocation does not exist on the date of the second anniversary. If the cause for revocation exists on the date of the second anniversary after the date of revocation, the license holder may not apply for a new license until the cause for revocation no longer exists and has not existed for a period of two years.