Protecting Your Rights
Yes, A DUI or DWI can affect your ability to get and perhaps even keep your concealed weapons permit in Virginia.
Va. Code 18.2-308.09(9) Makes it illegal for anyone with a DUI or DWI conviction to get a concealed weapons permit if they have been convicted of the following crimes within 3 years prior to their application:
- DUI or DWI under 18.2-266 of Virginia Code or any substantially similar law. OR
- Drunken In Public
Va. Code 18.2-308.10 states that you cannot renew your 5 year concealed weapon permit if you have been disqualified for committing the crimes listed in V.A Code 18.2-308.9. Va. Code 18.2-308.13 state that the government can revoke your permit if you are convicted of an offense that would disqualify you from being able to get a concealed weapon permit.
If you get a Drunken in public, DUI or DWI in anywhere in the US, you may lose your concealed weapon permit or lose your ability to get a concealed weapon permit in Virginia.
Ways to Prevent Losing your Concealed Weapon Permit Because of DUI/DWI
If your DUI or DWI occurs anywhere other than Virginia, that conviction should only affect your concealed weapon permit if the DUI/DWI laws of that state are substantially similar to Virginia’s DUI and DWI laws. Defining substantial similarity is a complex topic that we regularly encounter in DUI law. If you want to know whether your prior out-of-state DUI or DWI conviction will affect your Virginia concealed weapon permit then call Nichols & Green PLLC for a free consultation.
Another defense to losing your concealed weapon permit because of a DUI is to argue that the laws regarding DUI are only relevant when applying for a concealed weapon permit NOT renewing or revoking it. Va. Code 18.2-308.09(9) states that you are barred if you have been convicted of DUI 3 years PRIOR to applying for the permit, not within three years after application. If a person is convicted of a DUI after application then they are technically not in violation of Va. Code 18.2-308.9(9). This argument has worked for us in the past.
The final way to defend your concealed weapon permit is to not get convicted of DUI. If you are charged with a DUI, DWI or drunken in public charge call Nichols & Green PLLC (703) 215-1114 for a free consultation. We defend hundreds of DUIs and will be happy to talk to you about your case and the possible defenses you may have.
Call Nichols & Green PLLC (703) 215-1114 if you have been charged with a DUI, DWI or Drunken in Public and You have or want a concealed weapon permit.