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by jamullinstx
Wed Feb 04, 2009 1:33 pm
Forum: General Texas CHL Discussion
Topic: A Couple beers
Replies: 111
Views: 11131

Re: A Couple beers

That's all well and good, but I don't think it is the law. I simply asked about the status of the law. I'm concerned that DPS is proselytizing under cover of authority, and if it is an enforcement directive, are placing the cost burden on some poor citizen to get the law corrected, which is the job of the legislature.
fickman wrote:My instructors were pretty adamant that you shouldn't even have one sip. . . although I'd bet they'd agree that communion is ok.

I think they're playing it close to the vest on this one. They're afraid if they give you an inch you'll go a mile. Drinking is so hard to quantify. It's so different in so many people, and you get different personal interpretations of "buzzed", "taking the edge off", "drunk", "impaired", that they don't want to start down the slippery slope. There are so many variables involved that no two situations are ever exactly the same. . . even for the same person.

The people who are cavalier about drinking put all of us at risk. . . not just our safety but the reputation of the CHL program. I know a few guys who drink too much and think they're fine, or forget that if you order the big draft beer in a restaurant, that's 23 oz. or so - two of those is just shy of four 12 oz. beers!

I think the same thing is going on here. A lot of people are afraid of a misinterpretation of their words and do not want to come away encouraging any sort of risky behavior. The easy standard to clearly communicate with no chance of misunderstandings is total abstinence.

I'm afraid if I tell you "1 beer is OK" - that you might be an 80 lbs. woman consuming alcohol for the first time and ordering a 32 oz. stein of a 9% alcohol-by-volume brewsky in a German restaurant. Or you might be a college party animal who thinks "1 beer for the general population is like 12 to me - I'm so awesome".

We can all agree that you should avoid even the possibility of the accusation of being irresponsible, dangerous, careless, or borderline in your actions. Perception is important when your fate is in somebody else's hands. Better to err on the side of caution. And, it's true, if you completely abstain while carrying, this issue will never come up.
by jamullinstx
Wed Feb 04, 2009 12:53 pm
Forum: General Texas CHL Discussion
Topic: A Couple beers
Replies: 111
Views: 11131

Re: A Couple beers

I've been looking for a place to post this question, and it seems that it fits here. I have it on very good authority that DPS is teaching adamantly in its CHL instructors' classes that the law is 0% alcohol if carrying while driving for CHL holders. I believe this is an enforcement directive by DPS, as I don't read the law this way. Section 49 gives the usual definition of intoxication when dealing with operating a motor vehicle while intoxicated, and Section 46 leaves the definition unstated, and does not refer to Section 49. Have there been any cases on point, or is there any legislation under consideration by the current session to clarify the definition of intoxication for CHL holders?
fickman wrote:I'll have one beer with dinner while carrying. I'm also 6'5" and 330 lbs. Also, I keep my receipt in my wallet until I get home so that I can prove I'm not the inebriated guy on "COPS" who swears he just had a "couple beers". When I say one, I mean one.

I also take communion wine while carrying. :tiphat:

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