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by ron1n1
Sat Nov 27, 2010 10:49 am
Forum: General Texas CHL Discussion
Topic: Carrying while intoxicated questions
Replies: 24
Views: 3452

Carrying while intoxicated questions

So I haven't posted in a while because all the folks smarter than me ask the question first :tiphat: , but I'm curious about an issue that came up during my recent renewal class. While reviewing the applicable statues, the instructor stressed that 'just having alcohol on your breath' would violate the carrying while intoxicated statute and it would end up in a conviction.

My understanding is this: A) it is legal to consume alcohol while carrying; B) it is illegal to be intoxicated while carrying; and C) there is no definition of 'intoxicated while carrying' so it becomes a judgment call of the police officer involved. Has the statutes changed or is there case law to support the instructor's statement?

I never plan on drinking while carrying, but sometimes I'm out with family or friends who don't know I carry (but do know I have a CHL) and we'll make an unplanned stop for lunch or dinner. Since it would look out of place or raise questions if I didn't have a beer or glass of wine with our meal, I'll order exactly one and nurse it the entire time.

Any other suggestions on how to avoid an awkward social moment and reveal that I'm carrying if having one drink is too much of a risk?

Thanks!

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