Keith B wrote:This is correct, but it also goes for driving.rentz wrote:
my instructor went over this exact issue and said that basically there isnt a "legal limit" for carrying its anything they judge to be impaired which COULD be just 1 drink. Not worth the risk to me.
TPC 49.01 is the law on intoxicated for driving or carrying. The issue will be if a LEO is going to be more critical with a person carrying than with someone driving when it comes to saying the person was intoxicated. Without any evidence from a BAC, then an officer will have a much harder time proving the person was intoxicated to a judge or jury. It will come down to the officer's testimony in court and the perceived experience of the officer in making the determination of intoxication as seen by the judge and/or jury. Other things would have to be used to show there was impairment, like dashcam video, recorded audio of slurred speech, etc to solidify the case.
In the end, it may mean you would beat the rap, but you may not beat the ride when it comes to an officer that decides any smell of alcohol on your breath means you are impaired, whether you are driving, carrying, or both.
Thank you.