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troglodyte wrote:"Or" is a mighty big word in this case.

Well, it boils down to two methods. If they do a BAC, and you are .08 or higher, then there is no question you are legally intoxicated. In the other method, it is much tougher to prove you are intoxicated and the prosecutor is going to have to prove in court you were actually intoxicated. This will be through testimony of the arresting officer(s), witnesses and any video and audio recordings they might have. That will be a much tougher road to prosecution that through a BAC.

sugar land dave wrote:
locke_n_load wrote:
rc-mike wrote:Good News! I'm happy to report that the 51% sign is gone. Bob's is now CHL friendly... just don't drink!

-Mike-
Having a drink while carrying is ok. Just don't get intoxicated.
From the Texas DPS chl website:

Texas Penal Code §46.035 states it is unlawful for an individual who is intoxicated to carry a concealed handgun. The Penal Code defines “intoxicated” as 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 in the body.
There is no definitive blood alcohol number for when a chl licensee is impaired. Any amount of alcohol combined with concealed carry could result in a bad day. I think most of us on the board believe that.

Actually, intoxicated is no different for concealed carry than it is for driving. Intoxicated is defined in TPC 49 and is used for both.

Sec. 49.01. DEFINITIONS. In this chapter:
......................
(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; or
(B) having an alcohol concentration of 0.08 or more.
.....................

So, while I agree that if an officer smells alcohol on your breath and finds you carrying, that you could have some 'spainin to do, but the same could go for driving. It will all depend on how you are acting and if you seem intoxicated to the officer.

cb1000rider wrote:
Keith B wrote: At that point you could go back against the department for false arrest and probably get some restitution, but probably not until you have spent money with your lawyer fighting the invalid charges.
What false arrest? You walked past a red sign. It's not the PDs responsibility to call TABC and check on the sign color. The arrest is a reasonable action in such a circumstance.

Any DA that prosecutes it, however, is a special work of art.

Actually, I believe it would be false arrest. They may have reasonable suspicion since you walked past the sign, but they can't arrest you on reasonable suspicion, they must have probable cause. I do not believe a sign posted by an owner would constitute valid probable cause as the sign is not a legal document of the true status of the business. That would take looking at the license that is posted or checking with the TABC to see if the establishment really was 51% or not.

Glockster wrote: This does make me rather curious about something - will the ride always "win?" Meaning, you see as you describe it, a 51% sign posted, and you decide to stop and then/there check the signage with TABC and are able to confirm that the sign is wrong....so after proceeding past the sign, you are stopped by a LEO and LEO then (somehow) knows you are CC, is it likely that the LEO is going to be willing to also check TABC? Maybe another way to ask this is in general would a LEO here know about the TABC lookup ability and then let you go? I recognize that actual mileage varies on this with some LEOs perhaps being more willing to listen, etc. But as unusual, your answers always educate me as a newbie to TX and I wonder if anyone has experienced a LEO willing to check it out....first, as in before the ride.

That would be a battle for a lawyer if they try to prosecute. They really couldn't make any charges stick because you have not broken any law by carrying past an invalid sign in into a permissible location. So, you might get arrested, charged with what they think is a valid charge, then the charges would have to be dismissed because they were invalid. At that point you could go back against the department for false arrest and probably get some restitution, but probably not until you have spent money with your lawyer fighting the invalid charges.

rc-mike wrote:Hello Everyone,

I've been lurking for a while, but now I need to ask a question so I've come out of my nice dark lurking corner.

If a business has posted a Red 51% sign, but TBAC says the business is really a Blue sign. Can you carry anyway? I realize in most cases you won't know this unless you've researched it... but it made me think. Is the law to carry past the sign or to carry into a 51% establishment? Also... now that I've thought about it. If they've posted the blue sign in error can you get in trouble for carrying if you didn't know they were a 51% establishment?

Thank you for any enlightenment.

-Mike-

If the location is not really a 51% location per the TABC, then yes, you may legally carry past a improperly posted 51% sign. Now, on the other hand, if a business IS 51% per the TABC, and they have the blue 'Unlicensed possession' sign posted, then you legally can't carry in the venue. However, since you may not know it really was a 51% location due to the wrong sign being posted, you have a defense to prosecution if arrested for it.

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