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ex_dsmr wrote:I think this "grey area" is something that needs to be cleared up.

When I took my class almost a month ago my instructor (which was also my Platoon SGT) kept repeating the "There is no legal limit when CC'ing" very slowly in a manner that could only be taken as "I advise you not to drink ANYTHING and take that risk because there is no 'magic number' to hide behind".

It might be nice if they cleared it up for driving too...since ITS EXACTLY THE SAME STANDARD!

Maybe they should say very slowly...."There is no legal limit when driving". "I advise you not to drink ANYTHING and drive (or be in public) and take that risk because there is no 'magic number' to hide behind".

Some people who are below 0.08 BAC are acquitted at trial of DWI and some are not even charged. On the other hand, people below 0.08 BAC are sometimes convicted of DWI based on field sobriety test and/or other circumstances.

If the legislature wanted to say you couldn't carry (or for that matter drive) with ANY alcohol in your system at all, then they could pass a law that said so. To date, they haven't.

KC5AV wrote:

I don't agree that it is "up to the officer" make a the final determination as to whether you are intoxicated. In GC 411.171 the definition of "intoxicated" is assigned to have the same meaning as it does for driving (PC 49.01).

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.

The simple introduction of alcohol into your system begins the impair your mental or physical faculties. It may not end up with your being arrested, etc., but the possibility exists.
In the instructor school this summer, they hammered that (A) pretty well. I make sure students are aware of the fact that they don't have to blow .08 to get arrested for 'carrying while intoxicated'. From there, let your conscience be your guide.

However the same goes for driving, and people who blow <0.08 are often acquitted or charges dropped. You don't have to blow .08 to get arrested for DWI either, or even convicted. I think the instructor school makes a good point and people should be aware of this before they drive, or carry, or even drink in public... as it IS a crime to drive, carry, or be in public - while intoxicated.

I don't agree that it is "up to the officer" make a the final determination as to whether you are intoxicated. In GC 411.171 the definition of "intoxicated" is assigned to have the same meaning as it does for driving (PC 49.01). If you're being arrested for "carrying while intoxicated", you may not be offered a breath test or a field sobriety test, but then it would be harder to prove that you were intoxicated. Just saying that you had alcohol on your breath would likely not be enough to prove (to a jury) that you were intoxicated.