CCW v/s DUI-DWI

[Eric F]

I was reading an article the other day in a magazine where a guy was drunk speeding got pulled over and charged as such but still was able to retain his ccw. Before we go on it was a progun article warning about things people do to help the anti gun law makers ammo to build new anti gun laws.
My wife read the article as well, she is not a gun hater but she does not really like them either she is more or less neutral on the subject. She asked me if that was right for the guy to be alowed to keep his CCW.
At first I thought one has nothing to do with the other. So he should keep it. Then I looked up the VA state laws on such and is mentions 2 misdermeanors with in a time period of somthing or other and then clearly stated traffic offences do not count. Well there it is, but is this right? Personaly I think if you cant be responsible to not get drunk and drive why should you have the right to have a CCW. I see it as a privalige given to responsable people. After all if you were convicted on a class one misdermeanor in VA a judge could say no to your ccw and I am certian but can not find right away what level of misdermeanor a DUI is.
So what do you folks think SHould a DUI prevent a CCW or not? What does the Law say in other states?

 

[stevemis]

I personally don't think anything should happen to his CCW until he is found guilty.

 

[hankdatank1362]

I'm pretty sure a DUI is grounds for rejection when applying for your CCW in South Carolina. But then again, so is five or more tickets in the past five years. (Or something to that effect.)

 

[98C5]

Depends. Someone could have two glasses of wine at dinner and be over the limit. In that case, that should have no bearing on their CCW. If they were plastered, that would be different.

 

[Eric F]

Whell then what even if he is guilty? I forgot to mention that that was covered in the article he was speeding 75mph in a 45 zone and had a BAC of .21. I know if I were at .21 I couldnt grab my hips with both hands.

 

[98C5]

Okay, that is a HUGE detail the judge will look at. Almost 3x over the limit AND speeding. Yeah, I can see his CCW being yanked. Surprised it wasn't.

 

[ID_shooting]

Sorry, he should loose it, as should all other DUI. CCW is a huge responsbility. Even having one drink then getting behind the wheel of a car shows you do not have the common scence needed to make life and death decisions. One does not accidentally DUI, it is a choice. I carry, I do not drink. I take the gun home, I might have one or two and have somone else drive. If I am the DD, I drink water or soda. No gray area there to dabble in.

 

[Biker]

Ben Franklin enjoyed his beer. Wanna yank his license? How about someone who takes pain pills? Muscle relaxers? Prozac?

How about someone with PTSD? PMS?

Biker

 

[pharmer]

DWI is still a misdemeanor, for the first two times. 3rd is a felony. Joe

 

[jlpskydive]

In NC if you have had a DUI in the last 5 years you don't get a CHL.

 

[trueblue1776]

I pulled out of a gas station with my headlights off one night, got pulled over. I passed all the field sobriety tests and still got a DUI for blowing. Long story short, they were convinced I was not actually drunk and let me drive home. Still lost my license, but never got towed, it got dropped to an administrative suspension (18 months) with no fine. The cops vouched for me that I was not acting drunk in any way. How do you like that?

After that, I'm convinced DUI cases can go any way, it must be one of the strangest areas to practice law.

 

[Eric F]

Ben Franklin enjoyed his beer. Wanna yank his license? How about someone who takes pain pills? Muscle relaxers? Prozac?

How about someone with PTSD? PMS?

Biker

Hey I like my beer too Hell I make it in my garage. I have 1 pint with a meal and drive home. Why because I use to work for a police department as an admin type roll not on the law enforcement side. Any way 1 pint of common beer even with out a meal puts me no where near the limit.
There was no licens to pull for Benny f.
Pain pills is covered under DUI as is muscle relaxers that is why it is called Driving Under the Influance.
Prozac,PTSD are covered be mental disorders-problems-whatever other terminology you want to say As SHOULD PMS BE BUT ISN'T!

 

[Hypnogator]

If you can't be trusted with the responsibility of driving unimpaired, you shouldn't be trusted with responsibly carrying a concealed weapon.

Oh, and CWI (Carrying While Intoxicated) should also be grounds for revoking your CW permit.

 

[Biker]

Who defines "impaired"? Is it a 'one size fits all' thing? Should ol' Ben have been disarmed when after he had a few brews?

Biker

 

[Eric F]

Who defines "impaired"?

Good question...some place I read on a forum a good answer for this it went some thing like this,
Impaired is up to the discretion of the arresting officer, the majestrate, the judge, and the jury. But oponions of which can be greatly influanced by the lawyer.

 

[Elza]

Drunk with a CHL but no gun? No foul. Drunk carrying a gun? Lose the CHL.

But then, I feel the same way about a driver’s license as well.

 

[SaxonPig]

The law presumes one impaired at .08 and there's no arguing the point. Are some people able to function better at that BAC than others? Sure. But the law says at .08 you are drunk. Period. Right or wrong that's the law.

Some states require the loss of carry permit with a drunk driving conviction (among other offenses, too) as it shows poor judgment. I think a drunk driving ticket in your car will get your pilot's license yanked, too. Same argument can be made that they are not related but some states will say they are. It shows poor judgment.

In my previous state of residence packing was the same as driving. You could carry as long as you were below the .08 level. This seems reasonable to me. My current state has spastic fit at the thought of alcohol being anywhere near a gun. You can't carry in a bar. You can't have so much as one drop to drink while packing. I think you can't even have an unopened container in your possession while packing. I think this goes too far.

Unfortunately, nobody has ever called me and asked my opinion before making laws. In fact, most laws are enacted in direct opposition to my wishes.

 

[Biker]

I'm repeating myself and it pisses me off, but who defines *impaired*? Anyone care to give a clear and concise answer along with a justifiable, logical train of thought?

If one man is impaired by a few brews but another isn't, why should both be held to the same standards? Should we not be judged by our actions, not by our potential actions?

This is the same thinking that has caused our public school system to sink to the pathetic level that it has. Let's take everything down to the lowest common denominator.

Just 'cause it's legal don't make it right, and just 'cause it's illegal... don't make it wrong.

Biker

 

[MachIVshooter]

Sorry, he should loose it, as should all other DUI. CCW is a huge responsbility. Even having one drink then getting behind the wheel of a car shows you do not have the common scence needed to make life and death decisions

BS. The reason there is a limit is because everyone understands that it takes a certain amount to impare abilities and judgement. If I have two beers over dinner (about 1 hour), I am fine. There is the common (but variable) wisdom of 1 drink/hr, with the first being a freeby. If I go to the bar and must drive myself home, I make sure that I sit an hour for every drink after the first. At 178 pounds, this keeps me well under the limit. Obviously, some common sense applies here as well. Sitting sober for 4 hours and then slamming 5 beers before leaving does not count for that one hour per drink.

On the same note, there is no excuse for driving drunk. If you can't wait the required time for your body to process the alcohol, then don't drink.

 

[OpFlash]

I believe the ability to defend one's self is a right, not a privilege as was stated by a poster above. Therefore he should be able to keep it until he demonstrates a reason directly related to his ability to safely conceal and responsibly use a firearm that shows otherwise.

When we allow lapses in judgment in other areas to become valid reasons for having our rights taken away we place ourselves on a very slippery slope IMHO. If he's caught driving drunk should we take his children away too?

 

[Biker]

Well said, Flash.

Biker

 

[Line Rider]

DUI is a misdemeanor in Alabama. 4th DUI in 5 yrs in felony.

To have a permitt revoked the arresting officer or DA would have to go to the Sheriff and show a history of alcohol or drug uses.

If the offender was carrying while DUI or in possession of marijuana or a control substance his permitt is void and the officer can charge him with carrying concealed without a permitt. If the offender is caught in P of M or P of CS it would be easier to has his permitt revoked. The permitt would have to be revoked only AFTER the subject is found guilt.

 

[Eric F]

All good points to be considered...Biker sorry there isn't an answer for you yet' OpFlash I can even agree with you to a point however the fact that if one is wreckless in decision making they are not being responsible. It is a medicaly proven fact that Alcahol impairs decision making and reaction processes. If you are DUI and Speeding 40mph over the posted speed limit you are not being a law abiding citizen on a major level. You could argue that a parking ticket or speeding 5mph over the posted limit is the same however these are minor violations showing poor decisions but not impaired decisions.

When we allow lapses in judgment in other areas to become valid reasons for having our rights taken away we place ourselves on a very slippery slope IMHO

this was the whole point in the article.

 

[SaxonPig]

Biker- I already told you who defines impaired... the state. The state says that .08 is impaired regardless of your ability to think and react. A BAC of .08 is legally drunk, meaning impaired, and that's it. There is no legal disputation. At .08 you are legally impaired and the practical aspect has no standing.

 

[MachIVshooter]

If you are DUI and Speeding 40mph over the posted speed limit you are not being a law abiding citizen on a major level. You could argue that a parking ticket or speeding 5mph over the posted limit is the same however these are minor violations showing poor decisions but not impaired decisions.

No, you couldn't. Drunk driving endangers lives. Letting the parking meter expire gives meter maids a purpose, nothing more.

HUGE difference between breaking laws that protect the sanctity of life and petty infractions for which regulations didn't even exist 50 or 100 years ago.

Right/Wrong ≠ Legal/Illegal.