TexasCHLforum.com

Interesting indeed. Reminds me of a Mythbusters episode where they were using a breathalyser to test the alcohol content of such items, and whether it was enough to register on the machine. One of them was Listerine, and immediately after using it, he blew a level close to the legal limit.

Yeah, I definitely can't agree with what he said about the bar. Regardless where you're sitting, you're still in the same establishment, and I'm sure that Applebee's doesn't derive 51% of income from alcoholic beverage sales. Even if a place like that did, wouldn't they HAVE to post the 51% sign at the door so that we know where not to carry?

So bottom line, good judgment will prevail.

Yeah, you're right. I wouldn't expect any instructor to approve of drinking any alcohol while carrying, just to be on the safe side. We can all review the penal code on our own, after the class, and decide what we as individuals can do within our interpretation of the law.

I guess the teetotalers among us can never go wrong.

frankie_the_yankee wrote:You were taught wrong, no doubt by the same type of preachy instructor that I had when I took my renewal class last month.

Actually, my instructor was very good; he didn't touch on it TOO much, however. It was more like a caveat not to drink if you're carrying, and he left it at that. No one asked any specific questions on the topic. Consider the CHL written exam at the end of the class, which asks the question directly, with true or false choices on whether there is a legal limit.

I guess just like the rest of the law, it's all subject to interpretation.

More of a logical thought. If you drank a beer, even if you didn't show physical signs of intoxication, would you still blow 0.00 on the breathalyser? I was taught that there is no 'legal limit' while carrying.

You're right.. I checked, and the law does define intoxication as "substantial impairment", but the DPS CHL FAQ speaks to it more vaguely:

Q: Can I carry a handgun if I am drinking alcohol?
A: No; it is illegal to carry a handgun if you are intoxicated.

Maybe someone can clarify it further.

Ah, I'm a lightweight anyway.

Only reading the first few posts of this thread, here's how I respond to the original issue.

I'm torn. I carry just about all the time, but if I go out to a restaurant, even if I leave my firearm in the car, technically, I cannot go inside and have a beer. It is illegal to carry while intoxicated, and one beer constitutes intoxication. Even with my firearm separated from the ammunition in the car, I am still considered carrying in Texas, granted I am not 'traveling'.

Would I get pulled over? Probably not. Would I consent to the officer's search of my vehicle? No, I wouldn't [and he wouldn't have probable cause]. The only legal fix is going out with a person who was also a CHL holder, and they remain sober while I drink. But .. does that make sense? Not really.