Looking for an answer regarding CCW and DWI

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  • BRBrett

    Well-Known Member
    Rating - 0%
    0   0   0
    Feb 22, 2011
    501
    16
    Baton Rouge
    My wife's CCW instructor told her that I would not be eligble to recieve my permit because of the DWI charge. I've also heard that it's a 5 year wait until I'll be allowed to get it starting at the CONVICTION DATE. My case has been going on for two years and I guess I'm looking for the actual law regarding this.

    If I get my permit before everything goes down will it just be suspended after I've been convicted? I can go another route to where I will not be officially charged with a DWI but it's about 5k more expensive. If anyone has any information on this I'd appreciate it.
     

    Nolacopusmc

    *Banned*
    Rating - 100%
    66   0   0
    Oct 22, 2008
    8,348
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    New Orleans, LA
    From here:http://www.lsp.org/pdf/chRuleBook08.pdf

    (8) Not chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant or permittee chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been found guilty of, or entered a plea of guilty or nolo contendere to operating a vehicle while intoxicated, or has been admitted, either voluntarily or involuntarily, for treatment as an alcoholic, within the five-year period immediately preceding the date on which the application is submitted, or at any time after the application has been submitted.


    Do not apply. If convicted, see you in 5 years.
     
    Last edited:

    Mouthpiece

    Attorney
    Rating - 100%
    16   0   0
    Nov 10, 2008
    330
    16
    New Orleans
    I can go another route to where I will not be officially charged with a DWI but it's about 5k more expensive. If anyone has any information on this I'd appreciate it.

    Based solely on what you end up paying after a DWI conviction as well as the stain on your record (I haven't seen an application for anything lately that did not ask about DWIs) I would seriously look into paying the additional money now (as long as the other route was legal).
     

    bigjakewelch

    Mill Spec
    Rating - 98%
    50   1   0
    Mar 19, 2010
    2,050
    48
    Baton Rouge
    All the A.894 does is seal the record from sight it is still there. For example If you get another charge or conviction within the certain statute of elapsed time. Then your previous conviction will be reinstated and then you will be a habitual offender in the eyes of the law. If it was wiped off your record then they couldn't reinstate the prior conviction.
     

    charlie12

    Not a Fed.
    Rating - 100%
    4   0   0
    Apr 21, 2008
    8,530
    63
    Pride
    My wife's CCW instructor told her that I would not be eligble to recieve my permit because of the DWI charge. I've also heard that it's a 5 year wait until I'll be allowed to get it starting at the CONVICTION DATE. My case has been going on for two years and I guess I'm looking for the actual law regarding this.

    If I get my permit before everything goes down will it just be suspended after I've been convicted? I can go another route to where I will not be officially charged with a DWI but it's about 5k more expensive. If anyone has any information on this I'd appreciate it.


    Why has it taken two years for your case?
     

    wilkinsonrww

    Well-Known Member
    Rating - 100%
    7   0   0
    Aug 17, 2009
    183
    16
    Scott,La
    Do the 894, I agree with what cat said plus the cost of your personal auto insurance will be higher longer with a DWI charge. When I was 21 I hit a ditch in my 3 month old truck. My 18 year old brother and girlfriend were in the truck, and my bother broke his arm in 3 places between his elbow and shoulder. Had I not been wearing my seatbelt I would have gone through the windshield. We had been partying for about 3 days straight and since about noon that day. The worst part was the fact that the girlfriend in the back seat was stone sober. I went the 894 route and once I completed all the requirements, I got it off my driving record and ex-sponged ( not sure if thats the correct word) off my record. I think it stays on your criminal record, I had a landlord 4 years after the dwi, run a background check on me a made a point to bring it up.
    I was in a bad place then, we were also raised in that environment, my parents never jumped my **** about it, and they did it, as well as there friends, my friends and there parents. I think there are a good bit of us raised in that same environment. It was a wake up call for me to grow up and get it together.
    9 years later I was able to get my ccw with no problem, a good job that I wouldn't have had I just plead guilty to the dwi charge. The cost up front might seem high right now, but I think it's the cheaper route in the long run. I don't think they would deny your app if you don't do the 894, but I don't know anyone who has tried.
     
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