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Can I still obtain a CCW after impaired driving? Some circumstances require 3/8 years before you can apply...
Anonymous1 views1 answers
Here is my situation:
In late 2009 I was arrested for OWI and I refused the breath test (my first & only one). After over 1 year I plead guilty to Impaired Driving (late 2010). The only restrictions that I can find in the requirements that are applicable are the following:
1] 8 Yrs- OWI 2nd offense. --It was my 1st
2] 3 Yrs- Refusal of breath test, commercial vehicle-- It wasn't a commercial vehicle
3] 3 Yrs- Operating an off road vehicle while visibly impaired-- It wasn't an ORV
4] 3 Yrs- Operating under the influence-- This is where I have the question... does pleading to impaired driving constitute as "operating under the influence"?
And if I do have to wait 3 years, does that start after the conviction date, or after the initial arrest date?
Thanks!
The time frame would run from the conviction date, not the arrest date. This is reflected on the language on the MSP website with the application describing the infractions. Additionally, the CPL application posted on the MSP website describes the infraction preventing issuing a CPL as "Operating under the influence, MCL 257.625". MCL 257.625 includes both Operating While Intoxicated (OWI) and Operating While Visibly Impaired (OWVI). [The names for these were changed in 2003 and OUIL is now OWI and OWI is now OWVI.] Thus, if your were convicted of OWVI in 2009, you would be prevented from receiving a CPL until the date of your conviction passes in 2012.
I have experience with CPL and firearm related issues. If you believe that you are wrongfully refused a CPL, you should contact an attorney for assitance.
The information provided is presented for informational purposes and should not be construed to constitute legal advice nor is it intended to create an attorney/client relationship. It is recommend that you seek the advice of independent counsel regarding your individual legal issues. The law offices of K.C. Baran, P.C. requires the execution of a written retainer agreement before any legal services are rendered.
