I do agree with you, but was taking a different angle. I think that I have a responsiblity to the public at large as well as to other CHL holders, to be in the best mental state that I can be. I personally believe that I would be putting others at risk if I drank while carrying, however, you will meet some who will never agree with that statement.
I think it's pretty clear, based upon the verbage I received from the DPS in an instructors newsletter, that the only legal conclusion you can come to is that you must have a zero BAC when carrying. It's easy to argue whether a drink will impare You, but not another because that's opinion. I once knew a guy who had a 6-pack of bud with him everytime I saw him drive. (no, I'm not exagerating). He said that he thought it made him drive better. His opinion...
By definition, you can be considered intoxicated if you take in any substance that impares your metal or physical faculties. How about one drink and some over the counter cold medicine? Maybe some LEOs can comment on what Can be determined and is admissible in court with respect to a sobriety test.....
At the least, carrying with a BAC > 0 is venturing into a gray area where you might get burned bad and most won't do that when it comes to carrying under other gray areas. An example might be if the entire City hall is posted off limits because there is a traffic court in the building, but also has other places that should not be off limits. We've discussed gray areas before and most seem to say they would avoid them so they're not the test case.57Coastie wrote:ShootingStar,
I am compelled, however, to quibble over one statement you made, and I suspect and hope that I may be reading too much into it, and it may have just been a slip of the tongue. That is: "I would never consume a drop of alcohol while carrying because of the way the law is written and it may look bad for you if you ever end up in court."
This statement suggests that one should not drink when carrying because of a possible bad result with respect to the one doing the drinking and the carrying, and it does not consider the possible bad result with respect to others.
My opinion is that just one drink affects one's judgment to some extent in such a way that he or she should not have a deadly weapon within reach. I will take this to the extreme of saying that, as a carrier of both a CHL and usually at least one concealed handgun, I would not be in the least unhappy if the law provided that a CHL would be revoked, or suspended for a lengthy period of time, if the blood alcohol test were other than zero when carrying.
Jim
This has been an excellent thread because of the respectful way it was discussed as there are bound to be different opinions on this. Many thanks to all involved.
I wonder if CHAS can give his opinion how likely it would be that "coming from a winery" would come out in court if you were involved in a self-defense shooting situation. I would think this would make things more difficult for your lawyer.
-ss