misdemeanor question

[Ascension]

Back in 2001 and 2003 I was charged with underage consumption of alcohol in Arizona. So I have two alcohol related offenses. Does this disqualify me from getting a CHL in Texas?

[Keith B]

IANAL, but these are two Arizona Class 1 misdemeanors (same as Texas Class A misdemeanor) alcohol offenses within 10 years. So if I am not mistaken, it would be considered under GC 11.172 (15) (c) as being chemically depended and you would not be eligible.See http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf" onclick="window.open(this.href);return false;.

[seamusTX]

Welcome to the forum.

The answer is Maybe.

The statute that covers alcohol-related offenses in relation to a CHL application is GC §411.172:

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.

Underage consumption or possession of alcoholic beverages, in the absence of other complications, is a class C misdemeanor under current Texas law.

Alcoholic Beverage Code Sec. 106.071. PUNISHMENT FOR ALCOHOL-RELATED OFFENSE BY MINOR. (a) This section applies to an offense under Section 106.02, 106.025, 106.04, 106.05, or 106.07.
(b) Except as provided by Subsection (c), an offense to which this section applies is a Class C misdemeanor.

Subsection (c) makes a third offense a class B misdemeanor.

It's often tricky to figure out how an offense in another state or country would be defined under Texas law. Here are the definitions:

Penal Code Sec. 12.22. CLASS B MISDEMEANOR. An individual adjudged guilty of a Class B misdemeanor shall be punished by:
(1) a fine not to exceed $2,000;
(2) confinement in jail for a term not to exceed 180 days; or
(3) both such fine and confinement.

Sec. 12.23. CLASS C MISDEMEANOR. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.

Another factor to consider is whether you were arrested and fingerprinted. If you were not, the citations were not arrests that you are required to report on your CHL application.

Many minor offenses result in a citation without booking, even if you were taken to a police station for a while.

As usual, I am not a lawyer and this is not legal advice.

- Jim

[seamusTX]

P.S.: I did not research Arizona law.

You need to find out what you were actually convicted of.

- Jim

[Keith B]

P.S.: I did not research Arizona law.

You need to find out what you were actually convicted of.

- Jim

Good point Jim. It will depend on how the alcohol was obtained. If they are Class 3 violations, then they should be equivalent to Class C here, and you may be OK.

[Ascension]

Thanks for the quick responses guys. I will try to find out what the exact charges are. Both times I was just ticketed and let go. *edit* One of the charges reads LIQUOR-TO MINOR BY LICENSEE/UNDERAGE CONSUMPTION. I am not sure how that translates into Texas law. I am having a hard time finding the exact law at the Arizona State Legislature page.

[seamusTX]

If you weren't fingerprinted, you're good to go. The requirement to report arrests for which you were fingerprinted is not in state law. It's a DPS regulation. You can find it in the instructions for filling out the CHL application.

Also, if you were a minor (under 18 years of age) these offenses might be sealed and practically nonexistent.

The key is to find what you were actually convicted of, if anything. Paying a fine does not result in a guilty verdict in many cases.

- Jim

[Keith B]

If you weren't fingerprinted, you're good to go. The requirement to report arrests for which you were fingerprinted is not in state law. It's a DPS regulation. You can find it in the instructions for filling out the CHL application.

Also, if you were a minor (under 18 years of age) these offenses might be sealed and practically nonexistent.

The key is to find what you were actually convicted of, if anything. Paying a fine does not result in a guilty verdict in many cases.

- Jim

And also, welcome to the forum!!