TexasCHLforum.com

the PC 49.01(2)statute states...

(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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B is easy, cut and dried, quantitative, razor sharp. You have either .08 or you don't. A is more of an issue but also easy, cut and dried, quantitative, razor sharp. You either have the NORMAL use of mental or physical faculties or you don't. And that is all the prosecutor has to prove. Normal is normal. ANYTHING less than normal as presented to a judge or jury meets the definition.

I teach all of my students to steer way clear of any alcohol while carrying because it is so easy to violate the rule. One sip of a beer could be used to demonstrate that by its introduction you lost some of the normal use of your faculties. If B was the only element then you could drink as long as you stayed below .08. This is only referring to the exactness of the law notwithstanding the application of good judgement.

My rule is when carrying...no alcohol...at all...period...none...like it was poison.

tex