Dave01 wrote:I have a problem with both sides on this one. There is no doubt the guy acted stupidly shouting his (and his friends) carry status across a bar. There is also no doubt that the "0" limit is the best rule when carrying.
However, you and your boss were the ones who were ill informed about the law. The act of drinking while carrying is not illegal.
Ultimately it will be up to a LEO to determine whether you have 'normal use of mental or physical faculties', but make no mistake. You CAN be arrested for carrying if there is any alcohol in your system.§ 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.