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randomoutburst wrote:

Dave01 wrote: The issue I took with your original post is that it appears the guy was told that drinking while carrying was illegal. I understand that it is up to the discretion of the of officer to determine impaired ability, and that can happen below 0.08 BAC. There is however a difference between drinking and being intoxicated. If it were illegal to drink while carrying, then I could be arrested for taking 1 sip of a beer and walking away. However, that sip would not impair my abilities by anyone's definition. That's why I said it's a thin line....the act itself is not illegal, but the logical consequence of that act may very well be.

If I misunderstood what your boss was referring to as being illegal, then I retract my statement.

Since he was the one serving him, my bartender knew how many drinks this guy had had, so I think he assumed (based on how many drinks he had had) that the guy was becoming impaired. Obviously his actions weren't based on discretion, so that's another indicator that he might have had too much. Otherwise, I don't think the bartender would have said anything. And though sometimes I wish he was, the bartender isn't my boss, so he didn't have the authority to ask the guy to leave. It's unfortunate that the employees can't simply request that a customer leave in a situation like this, because it would have been appropriate.

No harm, just wanted to clarify for the sake of others reading the thread. These things can sometimes turn into a game of "telephone" and if someone hasn't read every reply, things get twisted around. :-)

Not sure how I got it in my head he was your boss. Reading too many threads I guess. My apologies. I would have thought bartenders had the authority to ask people to leave considering they have to potentially deal with the rowdiest of customers. If they don't have this power, then I agree they should.

randomoutburst wrote:To clarify, the guy who shouted out stood up as he did so, while patting his hip. I couldn't discern whether that guy or his friend were carrying.

Dave01 - It's not a crime to drink while carrying, but as I stated in my original post, I suspected he had had more than one beer. He was not behaving soberly and was flushed. Since I serve alcohol for my job, I have a good idea of when someone's had too much. If he was indeed carrying, I think an LEO would have found him just under or at the legal limit. But you don't even have to be at that limit for it to be illegal - you only need to demonstrate impaired function.

The issue I took with your original post is that it appears the guy was told that drinking while carrying was illegal. I understand that it is up to the discretion of the of officer to determine impaired ability, and that can happen below 0.08 BAC. There is however a difference between drinking and being intoxicated. If it were illegal to drink while carrying, then I could be arrested for taking 1 sip of a beer and walking away. However, that sip would not impair my abilities by anyone's definition. That's why I said it's a thin line....the act itself is not illegal, but the logical consequence of that act may very well be.

If I misunderstood what your boss was referring to as being illegal, then I retract my statement.

I have a problem with both sides on this one. There is no doubt the guy acted stupidly shouting his (and his friends) carry status across a bar. There is also no doubt that the "0" limit is the best rule when carrying.

However, you and your boss were the ones who were ill informed about the law. The act of drinking while carrying is not illegal. Being intoxicated while carrying is. This line is perhaps too thin for most, which is probably a good thing. The thought of calling the police on this guy had at least crossed your mind, but you admit to not knowing how many beers he had. Also, while he exclaimed to the bar he was carrying, do you know for a fact he was or could it simply have been bravado? Or, as others have mentioned, was he carrying under some other authority? I wasn't there, but it seems kinda thin to consider bringing the police into this guys life.

Asking him to leave the premises however, would seem a legitimate course. It should at least communicate the point that his behavior is unacceptable.