TexasCHLforum.com

cb1000rider wrote:

nightmare wrote: I agree with you that it will have to be proven in court, but you are going to have to prove you were not intoxicated as well after you are arrested.
That's right. Legally it's no different for DL or CHL. Whether or not you consumed any alcohol in the past month, the cop may arrest you for being intoxicated while driving or carrying.

Considering the number of innocent people killed by drunk drivers and the number of innocent people killed by drunk CHL, I'm much more concerned about people leaving the keys at home than leaving the gun at home.

One critical difference is the process used. If you're driving and you're stopped and suspected of being intoxicated, LEOs have a very specific set of steps that they need to take to establish that you are indeed impaired. If they don't take those steps, perform them incorrectly, the case is substantially weakened. No single test is a determining factor as they all of the steps have some (perhaps substantial) margin of error.

I assume that intoxication while carrying is like public intoxication, where no specific steps or tests are required and it's largely left up to the profession digression of the officer.

Keith B wrote:

ScottDLS wrote:
It's up to cops discretion whether to arrest you for being intoxicated while driving or carrying, like it is for every other criminal offense in the code. It is up to the prosecution, at trial, to prove to the jury the FACT of your INTOXICATION beyond a reasonable doubt. This FACT must be established the exact same criteria as for driving..., so there is no gray area any more than there is for driving. If it is illegal to carry after one drink it is illegal to drive after one drink. There is no mention of "impaired" in the relevant TXPC, though there are in other states, so using the word in relation to drinking while carrying is what confuses the issue for many.

I agree with you that it will have to be proven in court, but you are going to have to prove you were not intoxicated as well after you are arrested.