3rd dui is a felony?

[switch]

When did that become a felony? Had a potential student come in. got his 4rd dui in NY in 1998. (felony). DPS told him that it was not a felony in 1998 so he could get a license. Told him to check w/an instructor.

[PBR]

3 strike rule (law), not sure when -- honestly it should be -- i have no soft feelings for dui drivers -- especially ones whom keep repeating the crime

[SewTexas]

some states it can and should send you to jail

[switch]

Apparently, DPS told him it was NOT a felony in TX in 1998 and he should be able to get a license. Course, he does not want to go to the trouble of taking the class and appying only to be turned down.

[PBR]

Apparently, DPS told him it was NOT a felony in TX in 1998 and he should be able to get a license. Course, he does not want to go to the trouble of taking the class and appying only to be turned down.

they are correct and yes he shouldnt get turned down for it -- friend of mine has a felony on his record and still got his chl -- being 15 yrs back and if nothing since then i dont see him not getting it cause of it -- friends felony possession was 10 yrs back at the time he applied

[AlaskanInTexas]

Apparently, DPS told him it was NOT a felony in TX in 1998 and he should be able to get a license. Course, he does not want to go to the trouble of taking the class and appying only to be turned down.

they are correct and yes he shouldnt get turned down for it -- friend of mine has a felony on his record and still got his chl -- being 15 yrs back and if nothing since then i dont see him not getting it cause of it -- friends felony possession was 10 yrs back at the time he applied

Felony is end of game when it comes to CHL. Your friend should not have gotten a CHL. See 411.172(a)(3) "A person is eligible for a license to carry a concealed handgun if the person: *** (3) has not been convicted of a felony"

[switch]

That's true, however, if he got deferred for 3rd dui, he could after 10 years.

I understand if it was a felony then, but not now (possession of marijuana), you are good.

It stands to reason that if it was a felony in NY, but not in TX when it occurred, you may still be good. I haven't had a chance to research that nor when the 3rd dui became felonies in TX.

[TDDude]

Your friend also may be considered chemically dependent because he was busted three time for an alcohol related crime.

But I agree with the previous statements about repeat DUIs not having a CHL. It's all we need for him to be drunk and carrying and then get into a shooting. I guarantee all the stuff about his prior busts will come out.

[jbarn]

Your friend also may be considered chemically dependent because he was busted three time for an alcohol related crime.

I need to look that up. Can you direct me to where that is located?

[pancho]

Your friend also may be considered chemically dependent because he was busted three time for an alcohol related crime.

I need to look that up. Can you direct me to where that is located?

The CHL eligibility rules say "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."

It becomes a judgement call by DPS.

[OldCannon]

3rd DUI should be mandatory "Death by Branch Chipper", IMHO.

[jmra]

3rd DUI should be mandatory "Death by Branch Chipper", IMHO.

[switch]

Boy, this is a tough crowd. :)

Some of us were lucky when we were young and dumb... (maybe just no longer young?).

Course, there is an argument to be made that someone that has 3 dui's probably drinks and drives more frequently and was only caught 3 times. OTOH, could be unlucky (or dating the police chief's daughter).

OTOOH, if he has not been caught for 15 years, maybe he has learned his lesson.

I understand a felony will keep you from carrying a gun or getting a CHL. OTOH, what about the many in NY? that was charged w/having more than 7 cartridges in a 10 round magazine? What about Connecticut where they have created a bunch of felons by requiring them to register their AR's and 10+ rd mags.

Do you realize how easy it is to comit a felony? Course you are not a felon until you have been caught/convicted.

I was not asking if the law was fair/just/should be followed. I just wanted to know can he get a CHL? Apparently, DPS told him that it was NOT a felony in TX in 1998, therefore he would not be barred BUT they told him to check w/an instructor. How are we supposed to know if they will not tell us?

[sjfcontrol]

I find it distinctly STRANGE that DPS would suggest checking with an instructor. If DPS doesn't know the answer, how the HECK is an instructor supposed to? :head scratch

(Perhaps they actually suggested he check with a lawyer??)