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Keith B wrote:

locke_n_load wrote:
There is no definition of intoxicated in the penal code, and an officer may treat someone with the same standards as *DWI as far as arrest goes, but the law does not mention .08 BAC or otherwise.

Actually, there is a definition. It is defined in 49.01 and would be used for carrying as well as driving.

Sec. 49.01. DEFINITIONS. In this chapter:
(1) "Alcohol concentration" means the number of grams of alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine.
(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.

Mike S wrote:What your CHL Instructor should have told you is that:
(1) if a busuness derives 51% or more of its income from 'on site alcohol consumption', you are prohibited from carrying there;
(2) it is a defense to prosecution if theres no 51% sign posted;
(3) there are multiple versions of the "51%" sign (falls under the purview of TABC, not the DPS), so be aware that in at least one version the big '51%' is subdued & looks more like a water mark and may not be as obvious as the big, red 51%.

A defense to prosecution doesn't mean you can't be arrested or charged; there's another thread on here somewhere that explains the difference between a defense to prosecution & an affirmative defense, so I'll defer to that unless Charles or another lawyer on this forum could please articulate it here for the sake of clarity.

Another thing your instructor hopefully covered was the offense of 'Carrying Concealed while Intoxicated'. This statute uses the same standard as DUI (.08 BAC, OR in the subjective view of the officer you lack the normal use of your physical or mental faculties). As long as you continue to use the same reasoning & common sense you've executed thus far, you should do fine.