According to state statistics, 1.7 million people have a license to carry a gun in Texas. Many people in Houston carry a handgun for safety, usually because they are worried about street crime. However, Texas regulates who can legally possess a handgun, and any criminal conviction could lead to a loss of your rights.
For this reason, anyone arrested for DWI should fully consider the consequences of a conviction. Penalties following a DWI conviction include possible time in jail and the loss of your Texas Driver License. But losing your gun rights is another repercussion that too few people consider.
Contact Attorney Tad Nelson at 281-280-0100 if you have questions about your DWI arrest and whether it will impact your 2nd Amendment Rights.
How DWI Offenses Affect Your Gun Rights
Felony DWI Offenses
Both Texas and the federal government prohibit felons from having possession of a firearm. This means you could lose your gun rights if convicted of any DWI felony in Texas. Examples of felony DWI offenses in Texas are listed below.
- DWI with a child passenger
- DWI manslaughter
- DWI assault
A third DWI offense can also be classified as a felony.
For a free legal consultation, call (281) 280-0100 today
Misdemeanor DWI Offenses
What many people don’t know is that they can lose their gun rights under Texas state law following a conviction for a misdemeanor offense. So, even someone with a first or second DWI could lose the legal right to carry in the Lonestar State.
Texas Government Code Section 411.172 lays out the requirements for applying to carry a handgun, including a requirement that you be at least 21 years of age and a legal resident of the state. The law also requires that you have no felony convictions or Class A or B misdemeanor convictions or charges within the past 5 years.
Consequently, anyone with pending Class A or B misdemeanor charges cannot legally carry under Section 411.172(a)(4) while their case is pending. If you are convicted of one of these misdemeanors, then you’ll lose your rights to carry outside the home for 5 years.
Drug DWI (DUI) Can Also Impact Your Case
The law also states that a “chemically-dependent” person cannot legally carry a handgun. Drug convictions, including a drug DWI or DUI, could come into play here. Multiple convictions can lead the state to conclude you are chemically dependent and thus ineligible. Similarly, if you have drug charges or convictions stemming from a DWI stop, you cannot legally carry a firearm.
Should You Fight Your DWI Charge?
Absolutely!
We are always surprised to hear some criminal defendants say they want to plead guilty and get their case over with. However, losing gun rights for half a decade is a serious setback for most people. Even worse, if you continue to carry in violation of the law and are arrested, you’ll face even worse criminal penalties.
Often, it makes sense to at least consider whether you can fight your DWI charge. Attorney Tad Nelson is a skilled DWI defense attorney who has tackled all sorts of cases. He understands how to defend clients from these charges and can explain your options in a free, confidential consultation.
To get an objective, open-minded view of your case, please call our law firm today at 281-280-0100 or send us a message using our contact form.
Call or text (281) 280-0100 or fill out our Free Case Evaluation Form to get started