Carrying while intoxicated questions

[Mike1951]

http://www.click2houston.com/news/25960811/detail.html" onclick="window.open(this.href);return false;

Proposed Law Targets Drivers Who Aren't Drunk
Proposed Law Would Punish Drivers With .05 Blood-Alcohol Level

In January, the Texas Legislature will consider passing a "driving while ability impaired" law. The law would allow officers to penalize drivers who have a blood-alcohol level of .05 to.07, which is below the .08 limit required to be charged with driving while intoxicated.

Not directly linked to CHLs, but if passed, might affect some who 'just have one'.

[gigag04]

If I was a police offer...

...And I was dealing with a possibly intoxicated license holder that was carrying, I would offer the SFST battery as well as request a consensual blood draw. Heck, if it was bad enough, I may even bang out a search warrant, though it would tricky for that offense and I'd probably be making case law if I did.

[Oldgringo]

Well, if one is going to be carrying while intoxicated, one might as well go on into the Post Office and try to use its bathroom while your out and about.

[gigag04]

Well, if one is going to be carrying while intoxicated, one might as well go on into the Post Office and try to use its bathroom while your out and about.

[Insert standard "must wear CHL badge/Sash/Hoi's Tiara" comment here]

[boba]

Seriously, it is no different than driving. It is strictly up to the officer's discretion if they feel you are intoxicated unless you meet the >.08 BAC. You can be intoxicated with one drink of alcohol if there are other things in your system that contribute to the total impairment of your body. As well, you can be intoxicated without any alcohol, but medications/drugs in your system. Without any external proof of intoxication (BAC or breathalyser), it will be harder to prove your intoxication/impairment in court and there will probably need to be witness accounts or video showing you were impaired to substantiate the officer's interpretation for a conviction.

Intoxicated is intoxicated.

Concealed is concealed.

Stupid is as stupid does.

[CainA]

Don't be this guy:

http://www.aolnews.com/weird-news/artic ... t/19739830" onclick="window.open(this.href);return false;

-Cain

[ex_dsmr]

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".

[Oldgringo]

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".

That's about as clear as it's gonna' get short of the courthouse and considerable legal costs. IOW, "you takes your drink/s and you takes your chances".

[ScottDLS]

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.

[Oldgringo]

ScottDLS wrote:

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.

Who is your best friend during these trials? it probably ain't yomomma - whether the charge/s involve guns or vehicles.

Gunpowder, gasoline and alcohol does not a decent cocktail make.