[Owen]

I have a coworker who was awoken by a friend to give the friend a ride home because the friend was drunk. My coworker had a three beers total between dinner and while watching football. He went to bed at 9PM and got the call around 11PM. While picking up his friend he got pulled over by Newark police and he failed the breathalizer. Turns out that as you sleep you matabolize the alcohol and you blood alcohol goes up even if stopped drinking hours ago your level can be over the limt hours later. So here he tried to stop a drunk driver and instead he got the ticket. So it's not always as it seems.

[cwidene]

I am continuing this thread in case anyone has the same situation. Trying to be helpful. So I get a call from an Investigator with the Dept of Justice today. He says nothing can be decided until their is an outcome on my DUI case. He said to send him the information once it was completed. Obviously, this is frustrating but I am taking it step by step. Will wait to see what the outcome is on my DUI offense and than go from there.

[harr2969]

Did they find this out independently or did you mention it?

[cwidene]

I did not mention it. When I applied I did not have the pending case, so it did come up once they started to review the application. For now, things are on hold until this case has a verdict.

[Adam]

So... I see that its been a few months since this thread was started and i was just wondering if there is an update, or a final outcome.

[cwidene]

Well, I had my case settled before it went to trial. The plea was "Reckless Driving"... no 'alcohol related' attached. I have been playing phone tag with the investigator assigned to me ever since. I will provide him with the information he needs and then I assume it will go before the judge. Crossing my fingers that the 'alcohol related' not being attached will improve my chances. Regardless, I will appeal if I do get denied.

Once I have an update from here, I will be sure to share.

[cwidene]

Update: I spoke with the Investigator today from the Dept of Justice and he informed everything has been completed and stamped as of 8/13. He said next step is for my paperwork to go in front of the judge for denial or approval. Crossing my fingers.

[slickvic107]

Sorry to bring this back up. I received a DUI in Oklahoma 5 to 6 years ago, on a business trip dumb decision. Learned from my mistake. Found guilty, did my probation and community service. Will this affect my ability to get a CCDW in DE? I see the question on the app, just didn't know if it had to be a certain length of time. thanks.

[cwidene]

No need to apologize. This is what we are all here for. I am no expert but this is how I understood it and believe it works after speaking with a few attorneys and reading tons on forums. Every state is different. In DELAWARE, there is nothing written in stone about a prior DUI conviction. Basically, it comes down to the judge reviewing the application and making the decision. The positive, is your conviction was a few years ago. The negative obviously is you do have it on your record. I can tell you, if you get denied, your appeal would have a good chance but of course that costs $$$ (attorney fees unless you handle it yourself) I can tell you I was able to plea my DUI to just a RECKLESS DRIVING charge (no alcohol related attached) and did get my permit after the DUI case was closed.

So my advice, list the DUI (they will see it regardless) and cross your fingers. There is no definitive answer. Please post your results so others can learn from your outcome.

Good Luck!