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srothstein wrote:

cb1000rider wrote:Curious - how'd you know he was a seasoned alcoholic? My understanding is that a recent drink can make you blow off-the charts, but I don't know how it works in reality...

While a recent drink can make the test wrong, it is pretty hard to really get away with. One of the standards officers use is making sure that the suspect has nothing in his mouth for 15 minutes before taking the test.

There is a standard to have a controlled waiting period of fifteen minutes before blowing. And if it's a breathalyzer at the jail they're doing the official test on, then some people get long periods of time before they test. I've seen some complicated cases involving DWI take 1 1/2 before they were able to test, and they still failed. So add time to get to the jailhouse, + 15m waiting on camera and answering questions before you test. Handheld unit's are something I've never played with though.

Saffron wrote:

thetexan wrote:I teach all of my students to steer way clear of any alcohol while carrying because it is so easy to violate the rule. One sip of a beer could be used to demonstrate that by its introduction you lost some of the normal use of your faculties. If B was the only element then you could drink as long as you stayed below .08. This is only referring to the exactness of the law notwithstanding the application of good judgement.

My rule is when carrying...no alcohol...at all...period...none...like it was poison.

I hope you also tell your students to leave their guns at home if they take drugs that have ANY effect on them. If it's not a placebo, it must have SOME EFFECT on their mental or physical faculties. All a prosecutor has to show is they were taking a prescription or OTC medicine while carrying a gun and they could go to prison for a long time. Right?

IT'S TOO RISKY!!

There is a good arguable case, that you were taking your "hydro" for your broken arm. It's less excusable to be drinking alcohol. That would be stretching it a bit, but you could be technically correct, though it's a very shallow case IMO. Is somebody going to arrest me for taking prescribed pain killers as instructed by my physician, for my injured hand or knee, I'm quite certain that my physician's account, that he cleared me for work, which entitles carrying a gun, I will walk away free.

Sadly you may be correct, as you can beat the rap, but not the ride. Always a good idea to carry your prescriptions on you too, those that take controlled substances as prescribed. I've seen a lot of pill poppers arrested for "PI."

thetexan wrote: My rule is when carrying...no alcohol...at all...period...none...like it was poison.

tex

I agree, I have people ask me all the time, "try this wine" or some other offering, and I always refuse. My reasoning is departmental policies, but when not under those restrictions, I still avoid it, unless I go lock up my gun, which I prefer not to do. Only on private property in which I was staying, have I ever broken that rule, and I wasn't carrying anywhere afterwards anyway. My advice, do as tex does, avoid it like poison if you have your gun on you... it's not worth it.