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Houston DWI Lawyer > Blog > DWI > Firearm Possession and a DWI Charge

Firearm Possession and a DWI Charge


In Texas, many choose to possess firearms. This is a second amendment right for individuals in the state of Texas and around the country. But there are times when it is illegal to possess a firearm, such as when individuals have been convicted of serious offenses.

If you are wondering if you can purchase a gun after a Texas DWI arrest, the answer is it depends on the situation. When you discuss the details for your personal situation with a Houston DWI lawyer, they can help you understand your options moving forward.

First Offenses, Second Offenses, and Misdemeanor Charges

When a person is pulled over for driving while intoxicated and charged as a first-time offender, it is usually a class B misdemeanor charge. If you already have a firearms license, the charge typically will suspend that license as the investigation progresses. In the event the individual is found guilty, the firearms license is revoked. A person can apply for another license after a waiting period, usually after five years. Of course, if you are cleared of the charges, the five year waiting period will not apply.

A second offense is different. If you are facing a second-offense DWI charge, it will be a class A misdemeanor. In these situations it is possible you will no longer be able to have a license for a firearm. In Texas, it is the law that any person who is convicted twice within a set period of time, usually 10 years, for alcohol or drug charges is chemically dependent. For this reason, they are not allowed to possess a firearms license.

Third DWI Convictions

Things change when you are charged with your third DWI. This is because a third offender is no longer facing a misdemeanor charge, instead it is a felony. A DWI will receive a felony classified if any or all of the following are true.

  • You have already been arrested for a DWI two or more times.
  • There was a minor in the vehicle at the time of your arrest.
  • Another person was seriously harmed or died as a result of the event.
  • You were in possession of a firearm at the time of your arrest.

It is important you work with an experienced legal professional whenever you are facing a DWI or DUI charge, whether it is a misdemeanor or a felony.

If it is important to you that you have the ability to possess a firearm in Texas, you need to fight DWI charges. Talk to a Houston DWI lawyer about what options are available to you.

Are you interested in buying a gun but you have been arrested for driving under the influence? It’s important you understand your rights. Our experienced legal team can defend you against criminal charges. We have the knowledge to protect you whether the alleged crime was minor or serious. Reach out to the legal team at Ayson Law Firm to understand your rights. Contact us today for a free consultation with a Houston criminal defense attorney today.

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