TexasCHLforum.com

During my CHL Instructor's Course the DPS Officer defined "intoxication - for THE purpose of carrying a handgun" is defined as, "The consumption of ANY substance that CAN cause impairment." That means any drug, alcohol, etc. I wanted further clarification on this so I did some research and spoke with lawyers from [Pre-paid legal service]. Subsequently, I found that there are three different statutes under Texas law the define "intoxication"; 1) TXPC 49.01 (the .08) law. 2) TXPC 46.06 ...intoxication means the substantial impairment of mental or physical capacity resulting from the introduction of any substance into the body... 3) TXPC 8.04 ...intoxication means a disturbance of mental or physical capacity resulting from the introduction of any substance into the body...

However, the State of Texas has ONLY prosecuted under the TXPC 49.01 statute (.08 law). But that doesn't mean that you cannot be arrested under the other statutes if the officer speaking to you discovers you've been drinking and HE determines that you are either "substantially impaired" (46.06) or "disturbed" (8.04). If THE OFFICER makes that determination then you will "take the ride." And remember, under those statutes the officer only has to verbally "prove" that in court and there's no requirement for an intoxilyzer test, blood test or anything else.

Therefore, I explain all this to my students and tell them to use their best judgment but remember, you may "beat the rap, but you can't beat The Ride!!" So use REALLY GOOD judgement.