Charging at officer lever, not DA, no conviction.
My understanding according to reading the law, talking with two local ADA's and several officers is
for driving .08 and above is assumed intoxicated, less then that is officer discretion based on FST.
for LTC, .08 and above is assumed intoxicated, less than that is officer discretion based on personal opinion, it might be failed FST, it might be an allocution from the contact that they had consumed an alcoholic beverage.....there is no min BAC that is allowed or required for the charge... The word is intoxicated which has a definition under TX law....but its really gray (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
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.
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Return to “TX: Deadly shooting in a gun free Houston bar”
- Thu Aug 09, 2018 4:41 pm
- Forum: The Crime Blotter
- Topic: TX: Deadly shooting in a gun free Houston bar
- Replies: 20
- Views: 6986
- Wed Jun 27, 2018 6:45 am
- Forum: The Crime Blotter
- Topic: TX: Deadly shooting in a gun free Houston bar
- Replies: 20
- Views: 6986
Re: TX: Deadly shooting in a gun free Houston bar
In total agreement then, I misread your intent and meaning of your post.OneGun wrote: ↑Tue Jun 26, 2018 1:05 pmMy intent with my post was that you can drink alcohol and you can shoot guns, but never both at the same time. Which was the point of my second post (#7). Alcohol and guns do not mix, ever! You're right that you can walk into any building and choose to drink alcohol or not. If I am carrying, I do not drink alcohol. I'm perfectly content with Ice Tea and/or water.E.Marquez wrote: ↑Tue Jun 26, 2018 6:41 amYour not wrong![]()
But the underlying implication is also "bars and guns do not mix" If that was not intended, my apologies for the assumption...
To which I respond,Why is that? Im no more or less a danger to myself or others no matter what building I go in to.
Like many, Im perfectly capable of choosing when not to consume alcohol..I can do it at home, while driving and in a building, be it courthouse, auto parts store or a bar Im throwing a few rounds of darts in.
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- Tue Jun 26, 2018 6:41 am
- Forum: The Crime Blotter
- Topic: TX: Deadly shooting in a gun free Houston bar
- Replies: 20
- Views: 6986
Re: TX: Deadly shooting in a gun free Houston bar
Your not wrong
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But the underlying implication is also "bars and guns do not mix" If that was not intended, my apologies for the assumption...
To which I respond,
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Like many, Im perfectly capable of choosing when not to consume alcohol..I can do it at home, while driving and in a building, be it courthouse, auto parts store or a bar Im throwing a few rounds of darts in.