drinking while carrying?

[hoytinak]

I read on here somewhere that it's ok to have a drink or two while carrying as long as your not intoxicated. When I took my CHL class back in Feb. my instructor said you can NOT have a single drop while carrying. I just asked my father who also has his CHL and he said the same thing as my instructor. So which is true? I know one shouldn't get drunk while carrying but I don't see anything wrong with having a drink while out for lunch or dinner.

[txinvestigator]

I read on here somewhere that it's ok to have a drink or two while carrying as long as your not intoxicated. When I took my CHL class back in Feb. my instructor said you can NOT have a single drop while carrying. I just asked my father who also has his CHL and he said the same thing as my instructor. So which is true? I know one shouldn't get drunk while carrying but I don't see anything wrong with having a drink while out for lunch or dinner.

Rather than argue, lets just consider the facts;

Texas Penal Code
§ 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.

[hoytinak]

Thanks TX, I wasn't trying to argue, hope it didn't come off like that...I just wanted to know the facts.

[crbowers]

As a general rule, alcohol and firearms don't mix.

However, there is no standard for what intoxicated means; it would be up to the officer who is questioning if you are intoxicated.

That being said, I know one beer will not make me intoxicated. However, I would be extremely uncomfortable drinking any alcohol while carying, and don't plan on doing so.

The flip side is that people drink one beer and then drive a car; and in my mind being on the road, especially in the city, is just as great a responsibility as carying. More so, the odds of someone being hit by a car are far greater than them being shot by a CHL holder.

[txinvestigator]

Thanks TX, I wasn't trying to argue, hope it didn't come off like that...I just wanted to know the facts.

No, no, not at all. It is just that everytime this comes up, there are posts claiming "a cop can arrest you if he smells alcohol because there is no definition of intoxicated", and then the thread goes poop.

Well there IS a definiton of intoxicated. But beyond that, why would your drinking a nice ale with your Porterhouse cause a cop to even LOOK at you? (not you specifically hoytinak) You handgun is concealed, you are not acting a fool.....whats the issue?

Dang, now I need to go to Saltgrass.

[flintknapper]

Thanks TX, I wasn't trying to argue, hope it didn't come off like that...I just wanted to know the facts.

No, no, not at all. It is just that everytime this comes up, there are posts claiming "a cop can arrest you if he smells alcohol because there is no definition of intoxicated", and then the thread goes poop.

Well there IS a definiton of intoxicated. But beyond that, why would your drinking a nice ale with your Porterhouse cause a cop to even LOOK at you? (not you specifically hoytinak) You handgun is concealed, you are not acting a fool.....whats the issue?

Dang, now I need to go to Saltgrass.

Dang, I wish you hadn't said that! I love Saltgrass, of course they don't have one here.

Tell ya what, next time I'm up Dallas way.....I'll let you know and we'll go to the Saltgrass on me. I love Saltgrass, did I say that?

[txinvestigator]

Thanks TX, I wasn't trying to argue, hope it didn't come off like that...I just wanted to know the facts.

No, no, not at all. It is just that everytime this comes up, there are posts claiming "a cop can arrest you if he smells alcohol because there is no definition of intoxicated", and then the thread goes poop.

Well there IS a definiton of intoxicated. But beyond that, why would your drinking a nice ale with your Porterhouse cause a cop to even LOOK at you? (not you specifically hoytinak) You handgun is concealed, you are not acting a fool.....whats the issue?

Dang, now I need to go to Saltgrass.

Dang, I wish you hadn't said that! I love Saltgrass, of course they don't have one here.

Tell ya what, next time I'm up Dallas way.....I'll let you know and we'll go to the Saltgrass on me. I love Saltgrass, did I say that?

Either that, or I'll fire up the grill and make some Porterhouses with a whole slew of sides like'

grilled cajun buttered corn on the cob, spicy grilled potato skins, and grilled pineapple with homemade icecream.

Maybe some Margarita Shrimp to go along...................

[TexAg08]

My CHL instructor told our class that DPS had sent out a memo stating that the legal limit of intoxication for carrying is the same as driving. However, if you had to use your firearm, the cop could say that you were not in a sound state of mind and couldnt use proper judgement since you were under the influence. In other words, if your carrying, be stone cold sober.

[txinvestigator]

My CHL instructor told our class that DPS had sent out a memo stating that the legal limit of intoxication for carrying is the same as driving. .

Where do instructors get this bull?!!!!

That is not true either. There is no "legal limit" of intoxication for carrying while intoxicated. I HATE it when people use this false and misleading term. (not directed at you TexAg08)

The term "legal limit" is a misnomer created by the media. It is meant to indicate the Blood Alcohol Level that is illegal to have to operate a vehicle; in Texas .08%.

However, it is NOT a "legal limit". There is NO "limit" at all. .08% BAC is the presumed level of intoxication for DWI. That means a person IS intoxicated for the purposes of DWI if the person's BAC is .08% or greater. The judge or jury do not get to be subjective about that element of intoxication for DWI if the person had a .08% or greater BAC.

(yes, they do get to decide all sorts of things about the BAC, like was the test administered properly, blah, blah, but if they find the BAC was legally and properly obtained, then the person WAS intoxicated.)

DWI is the ONLY charge where a BAC is applicable by law. A person charged with DWI must give a specimen of his blood/breath to determine the alcohol concentration of his blood. However, a BAC below .08% is not a dismissal, nor does it preclude the person from being convicted. I HAVE obtained convictions for under the statutory presumption of BAC.

If a person has a BAC below .08%, or is charged with an intoxication crime other than a driving offense, then the other definition of intoxication is used;

Texas Penal Code 49.01
(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;

That is a subjective definition.

A person arrested for carrying while intoxicated will have the above subjective definition applied to them. No one will get an intoxilizer or blood test.


So there is NO "legal limit" for carrying a concealed handgun while intoxicated. (that's a test question, BTW).

[LM23]

I posted before on this same topic. I was on a jury for 4 days on a DWI case. The accused refused a breath and blood test. There was no evidnece available to us, the jury that he was .08 or higher. Well here is the deal on law and I am 100% sure it would apply in CHL matters (This was an education given to all us jurors by Collin County DA):

Due to alcohol consumption was he?

1. A threat to himself?
2. A threat to others?
3. A BAC of .08 or more?

As a jury we had no proof of .08, BUT based on the in-car tape of the stop and arrest #1 and #2 applied and he was found guilty as charged. So I would say in the case of a CHL the same would apply.

[frankie_the_yankee]

I read on here somewhere that it's ok to have a drink or two while carrying as long as your not intoxicated. When I took my CHL class back in Feb. my instructor said you can NOT have a single drop while carrying. I just asked my father who also has his CHL and he said the same thing as my instructor. So which is true? I know one shouldn't get drunk while carrying but I don't see anything wrong with having a drink while out for lunch or dinner.

Check out this thread. (It's a long one!)

http://www.texasshooting.com/TexasCHL_F ... 56&start=0

[waltherone]

Dang, I wish you hadn't said that! I love Saltgrass, of course they don't have one here.

Tell ya what, next time I'm up Dallas way.....I'll let you know and we'll go to the Saltgrass on me. I love Saltgrass, did I say that?

Hah, no kiddin.

Guy who used to be a regular at the pool hall I work at was a location manager for a saltgrass right down the road from us. He'd always come in on weeknights after they close and bring with him various containers of side dishes (mashed potatoes, veggies, etc) for the employees. Sort of his way to repay since he often got to play pool for free. Awesome :)

[HankB]

. . . A person arrested for carrying while intoxicated will have the above subjective definition applied to them. No one will get an intoxilizer or blood test. . . .

Unless he's driving a car, he would be under no obligation to submit to such a test anyway, nor would he be under any obligation to tell the LEO that he'd had anything to drink.

IMHO, drunks ought not carry guns any more than they should drive vehicles . . . but an ordinary beer or two with a good steak would not (again, IMHO) mean the person was intoxicated.

Unless a person is acting the fool, staggering, picking a fight, howling at the moon, or otherwise showing obvious signs of intoxication, I don't see any honest LEO charging him with anything.

TXI - of the people you busted, do you believe any of them had only had a beer or two? Or were their actions obviously marking them as drunk?

(BTW, I've tried Saltgrass here in Austin . . . bad service, bad steak . . . the food was about on a par with what I remember being served at low-buck chains like Rustler or Sizzler . . . )

[stevie_d_64]

When y'all started talking about food, Porterhouses and pineapple dessert stuff...

Thats when it went to poop...

I just tend (as much as I don't think its a problem) to not drink alcoholic beverages and drive, fly, carry a firearm, or fly the space shuttle...

And thats my personal take on it...I will not pass judgement upon another CHL'er who eats, drinks or does anything else while carrying a firearm...

[elwood blooz]

Either that, or I'll fire up the grill and make some Porterhouses with a whole slew of sides like'

grilled cajun buttered corn on the cob, spicy grilled potato skins, and grilled pineapple with homemade icecream.

Maybe some Margarita Shrimp to go along...................

I'll make the drive for that any day! I guess I'll have to go to SaltGrass then to Babins for the COB & skins!