TexasCHLforum.com

After watching this particular thread keep growing I asked a CHL Instructor this week about this particular issue. He said that there is a Q&A section on the DPS website that address the question in a very ambiguous manner. Someone asked the question if it was OK to drink while carrying and the answer was something along the lines of "no, you can't be intoxicated while carrying". That wasn't the question. He has asked for clarification on this specific issue several times over the years when he was getting re-certified. He says the DPS troopers are intentionally vague on it and quote the party line.

Based upon my experience in dealing with government entities whenever you get an evasive answer that they will not expound upon (like it seems they are doing in regards to this one) it probably involves some legal basis related to liability. They've probably been told that if they tell someone it's OK to drink and carry a gun and then someone gets injured because of that person's actions, then the state might have some liability. Perhaps someone else has another take on it...

At the same time, they have no problems enforcing the law banning CHLs from carrying while intoxicated. (Though it seems from DPS stats that almost no one is ever charged under this law.)

F.T.Y. - I'm not really sure what point you're trying to make: (1) you're upset that cops can get drunk and carry their handguns and you can't or (2) you don't think that anyone (cops included) should be able to carry when they're intoxicated.

You also state:

At the same time, they have no problems enforcing the law banning CHLs from carrying while intoxicated. (Though it seems from DPS stats that almost no one is ever charged under this law.)

The DPS is probably right about that. My experience would leave me to believe that the few that were charged with this would also have probably been charged with DWI. That's the primary reason for contact a LE officer would have in discovering a CHL holder was intoxicated. Also, if a LE officer was convicted of DWI he or she would lose their job and no longer be able to carry either.

Again, this is a non-issue because by far the majority of CHL holders don't drink and drive in an intoxicated state, thus putting themselves in jeopardy of this situation happening. The ones that do deserve to be charged - just like a LE officer should also be for DWI.

I agree that a CHL holder, off-duty LEO, or just a plain citizen carrying under the traveling doctrine, should be able to have something to drink and still carry IF it doesn't impair their ability to function. If you can safely drive a vehicle then you should be able to have access to a handgun to defend yourself.