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The Law Office of H. Alex Fuller PLLC
Best D 2023
Rated By Super Lawyers | H. Alex Fuller | Selected In 2023 Thomson Reuters

Call His McKinney Office To Request A
Free, Confidential Consultation

Will a DWI affect your right to bear arms?

According to the Texas Department of Transportation, there were over 24,000 alcohol-related crashes in 2020, resulting in 1,025 fatalities.

Many Texans facing DWI charges worry about how it will affect their gun rights.

DWI convictions and firearm possession

When it comes to DWI convictions, Texans should be aware that it can indeed lead to restrictions on their gun rights. Under Texas law, a person with a felony conviction may not possess firearms.

  1. While a first-time DWI offense is typically classified as a misdemeanor, multiple convictions or aggravated circumstances may escalate it to a felony, potentially leading to the loss of the right to bear arms.

Deferred adjudication and its implications

Some individuals may opt for a deferred adjudication, a legal arrangement in which a defendant pleads guilty or no contest but is not convicted if they successfully complete probation.

However, Texans should be cautious, as federal law still considers deferred adjudication as a conviction for gun ownership purposes. This means that individuals under deferred adjudication for a DWI charge may still face limitations on their right to bear arms.

Concealed carry

Texans who have a concealed carry license must exercise extra caution in the face of DWI charges, as a conviction may result in the suspension or revocation of this license.

Texans must be aware of the potential consequences a DWI conviction can have on their right to bear arms. Utilizing designated drivers, ride-sharing services or public transportation can help prevent DWI incidents and their potential ramifications on gun rights.

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