Maybe I'm just getting old and curmudgeonlyCharles L. Cotton wrote:But the Section 49.01 definition of intoxication is not applicable to Section 46.035(d), intoxication by a CHL while carrying. Since the definitions in 46.01 do not include a definition for intoxication, the very broad case law dealing with the evidence required for a conviction for PI will apply. As Glenn (Baytown) posted, it's an easy standard to meet and with a Class A Misdemeanor and loss of CHL at stake, I think a more objective standard should be required.txinvestigator wrote:You can have 1-2 beers with your fajitas. You just can't get intoxicated and carry.
Texas Penal Code
§49.01. Definitions.
(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.
Regards,
Chas.
but, I do not drink when driving or packing. If I'm going to drink away from home I make sure I have a designated driver and since I'm the designated packer in my family I stick to iced tea when dining out. It is proven that even a small amount of alcohol can impair judgment and motor skills why risk it?MoJo