Can You Buy a Gun With a DWI in Texas?
A misdemeanor DWI will not prevent you from buying a gun in Texas. However, there may be bond conditions that restrict you from buying or owning firearms. You cannot purchase a gun if you have a felony DWI in Texas. Learn more.
- Can you buy a gun while on bond? You can buy a gun while on bond in Texas unless your bond conditions prevent possession of firearms. Firearm bond restrictions are common, even for DWI. Felony DWI bond conditions will likely ban the purchase or possession of guns. Learn more.
- Can I buy a gun with a pending DUI? You can buy a gun with a pending DUI in Texas unless your bond conditions prohibit firearms. If you violate any bond conditions, the judge can revoke your bond and send you to jail. Individuals younger than 21 cannot buy handguns in Texas.
CAN YOU BUY A GUN WHILE ON PROBATION FOR DWI IN TEXAS?
It is legal to buy a gun while on DWI probation in Texas, unless the probation conditions prohibit firearms. Probation conditions deserve careful consideration as any violation can trigger revocation of probation. Firearms are always banned on felony DWI probation in Texas.
- Can you purchase a gun while on DWI probation in Texas? You can purchase a gun while on probation for DWI in Texas unless prohibited by your probation conditions. You cannot buy a gun if on probation for a felony DWI offense in Texas. Learn more.
- Can you have a firearm while on probation in Texas? Possessing a gun while on probation in Texas is ok unless probation conditions prohibit firearms, or the probation is for a family violence offense. Firearms are prohibited on felony probation.
- Can you be around firearms on probation? It is legal to be around firearms on probation unless probation conditions prohibit firearms. Firearm restrictions are common, so it is critical to carefully review all probation conditions. Texas felony and family violence probation conditions regularly contain firearm prohibitions.
HOW LONG DOES IT TAKE TO GET YOUR GUN RIGHTS BACK IN TEXAS AFTER A DWI?
Gun rights are fully restored upon dismissal of a DWI charge. Gun rights can be, but are not always, impacted by conditions of probation. It is critical to be knowledgeable of, and maintain compliance with, all probation conditions.
- How long after probation can I buy a gun in Texas? Immediately following the completion of probation, as there is no waiting period in Texas. However, you cannot buy a gun if you were convicted of a felony or a domestic violence offense.
- How long after a DUI can you get a concealed carry permit in Texas? There is a five year waiting period to obtain a License to Carry in Texas unless your DUI case was dismissed. You cannot get a Texas License to Carry with a felony DWI Conviction. Learn more.
WHAT MISDEMEANORS DISQUALIFY YOU FROM OWNING A GUN IN TEXAS?
A misdemeanor DWI does not disqualify you from owning a gun in Texas. Other misdemeanor offenses, including domestic violence crimes, can disqualify you from owning a gun but it is critical to consult an attorney as these restrictions can vary. Learn more.
- Can you buy a gun with a Class A misdemeanor in Texas? You can buy a firearm with a Class A misdemeanor DWI (DWI 2nd or DWI .15 or higher). Bond and probation conditions may restrict gun rights, so it is imperative to review these carefully. Other Class A misdemeanor offenses can affect gun rights. Learn more.
- Can I Purchase a gun with a Class B misdemeanor in Texas? A Class B misdemeanor DWI does not prohibit the purchase of guns in Texas. Bond and probation conditions must always be reviewed carefully for any firearm restrictions. Other Class B misdemeanors can affect gun rights. Learn more.
- Can you get a gun with a misdemeanor DUI? A misdemeanor DUI will not restrict your ability to get a gun, even after a DUI conviction. However, some Texas judges may prohibit firearms in standard bond and probation conditions.
- Can you purchase a gun if you have a DWI in Texas? Yes, you can purchase a gun if you have a DWI in Texas. Neither state or federal law prohibits individuals with DWI’s from purchasing firearms. Bond and probation conditions may temporarily prohibit firearms and any violation of these restrictions can result in jail time.
- Does a DUI stay on your record forever in Texas? A DUI stays on your record forever even if dismissed. In some instances, certain DUI cases may qualify for an expunction or a nondisclosure order that seals the record. Learn more.
CAN YOU GET A LICENSE TO CARRY IN TEXAS WITH A MISDEMEANOR?
You cannot get a License to Carry (LTC) in Texas if charged with any Class A or B misdemeanor until the case is resolved. A misdemeanor arrest will suspend any active LTC while the case is pending. If you are convicted, any active LTC will be suspended and you will be ineligible for an LTC for five years.
- Can you carry a gun in Texas while drinking? It is not illegal to carry a gun in Texas while drinking, but carrying a gun is a crime if you are intoxicated. If you are arrested for DWI, you will also face an additional Unlawful Carrying of a firearm charge.
- Does DWI disqualify you from getting a License to Carry in Texas? DWI is a misdemeanor that disqualifies you from getting a License to Carry in Texas. A DWI arrest will suspend any application for, or active LTC, until the case is resolved. A DWI conviction results in a five year disqualification period.
DOES A DUI SHOW UP ON A BACKGROUND CHECK IN TEXAS?
A DUI will show up on a background check in Texas forever, even if dismissed. A dismissed DUI may qualify for an Expunction, which destroys all records of the case. In limited circumstances, certain DUI convictions may also qualify for either an expunction or a nondisclosure order to seal all records. Learn more.
- How long does a Texas DWI stay on your record? A DWI will stay on your record forever. A DWI conviction is a five year disqualification for a Texas License to Carry. In limited circumstances, DWI charges can be deleted from the record. Learn more.
- Will a DUI fail a background check for a gun? A DUI will not cause you to fail a background check to purchase a gun. A DUI will cause you to fail a background check for a Texas License to Carry if the DUI conviction is within the previous five years.
- Can you get a DWI off your record in Texas? You can only get a DWI off your record in Texas if it was dismissed without probation or if you won at trial. While a DWI conviction does not prohibit the purchase of firearms, it does impose a five year disqualification for obtaining a Texas License to Carry.
TREY PORTER NAMED BEST LAWYER IN DWI DEFENSE
Trey Porter is a dynamic advocate, nationally recognized for his work in DWI Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.
Glowing Client Reviews
Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!
I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.
Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.
I really appreciated all he did for me.
Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients.
He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!
Trey Porter fought for me! I am a nurse and thought my career was over.
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Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.
He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
CHARGES DISMISSED
DWI 2nd
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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