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by RoyGBiv
Wed Mar 21, 2012 5:05 pm
Forum: General Texas CHL Discussion
Topic: CHL, Vehicle and Adult Beverage Question
Replies: 145
Views: 15989

Re: CHL, Vehicle and Adult Beverage Question

I could not follow the above posts quoting CHL-16 .... so.. I tried myself to follow the text of CHL-16 to an answer... I believe I found the same answer, although maybe not via the same route...

The above quoted definition of "intoxicated" seems to be from 46.06, which relates to the sale or transfer of a weapon to an intoxicated person.... I don't think this is the correct PC section in the OP's question...

IMO the relevant language for "intoxication" per the OP's example is:
Starting here.... (correctly quoted above)... Emphasis added by me...
PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.
Then... I would look here:
GC §411.171. DEFINITIONS
(6) “Intoxicated” has the meaning assigned by Section 49.01, Penal Code.
and then....
http://www.statutes.legis.state.tx.us/d ... /PE.49.htm
Sec. 49.01. DEFINITIONS.
(2) "Intoxicated" means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
(B) having an alcohol concentration of 0.08 or more.
I am not a lawyer. This is NOT legal advice. :tiphat:

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