Minor technical correction, but location does make a difference. Note that 46.035(d) only makes carrying while intoxicated illegal if you are a license holder carrying under the authority of the license. You are only carrying under the authority of your license if it would be illegal to carry otherwise. Since it is not illegal to carry on your own premises or premises under your control, 46.035 dos not apply to you in those locations.C-dub wrote: ↑Thu Nov 29, 2018 9:53 amBoth parts of this are wrong. It is illegal to be intoxicated while carrying, but not simply drinking an alcoholic beverage. Location is irrelevant. Intoxicated is still intoxicated. The probability of being caught are much lower unless your next statement comes into play.TexanVeteran wrote: ↑Wed Nov 28, 2018 7:43 pm It is actually already illegal to carry while you're drinking (unless you're on your own property, obviously).
If you're going to a restaurant that happens to serve alcohol, you're probably not going to get drunk. One or two glasses of beer or wine is not gonna hurt anything.
It could get even trickier if you happen to have multiple ways to carry. For example, is a police officer who has an LTC carrying under the authority of his LTC or his commission? He should not be intoxicated either, but I doubt anyone would try to apply that law to him.