I don't disagree with your information, but the way the law reads to me is either you're .08 or higher, OR not having normal use of mental or physical faculties. The latter is subjective and can be determined even if you are under a .08.E.Marquez wrote:Still, no sir.. not correct, regardless of what your instructor told you..race4beer wrote:What I remember from my CHL class is that there is no "legal limit", and it is at the sole discretion of the officer to determine if you are impaired. Being impaired could be from alcohol, other drugs, or even drowsy from lack of sleep or from taking some over the counter allergy medication. My personal opinion is that this would fall under the "Do not operate heavy machinery" clause on most OTC medications. You may be fine, but if an officer is having a bad day or is in a general bad mood, you could be in trouble and having to prove your way out of it in court.
There is a legal definition of intoxicated"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.
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Return to “CHL and having a drink”
- Mon Jul 29, 2013 12:04 pm
- Forum: General Texas CHL Discussion
- Topic: CHL and having a drink
- Replies: 115
- Views: 13875
Re: CHL and having a drink
- Mon Jul 29, 2013 11:15 am
- Forum: General Texas CHL Discussion
- Topic: CHL and having a drink
- Replies: 115
- Views: 13875
Re: CHL and having a drink
What I remember from my CHL class is that there is no "legal limit", and it is at the sole discretion of the officer to determine if you are impaired. Being impaired could be from alcohol, other drugs, or even drowsy from lack of sleep or from taking some over the counter allergy medication. My personal opinion is that this would fall under the "Do not operate heavy machinery" clause on most OTC medications. You may be fine, but if an officer is having a bad day or is in a general bad mood, you could be in trouble and having to prove your way out of it in court.