TexasCHLforum.com

HankB wrote:

TXI - of the people you busted, do you believe any of them had only had a beer or two? Or were their actions obviously marking them as drunk?

(BTW, I've tried Saltgrass here in Austin . . . bad service, bad steak . . . the food was about on a par with what I remember being served at low-buck chains like Rustler or Sizzler . . . )

Back then I busted people for PI, and one of the elements was that the person be intoxicated "to a degree that they are a danger to themselves or others". Our policy was we had to be able to articulate that particular element efectively. So to answer your question, "do you believe any of them had only had a beer or two?" Nope. ;)

Sorry about your experience at Saltgrass. I like Outback too.

TexAg08 wrote:My CHL instructor told our class that DPS had sent out a memo stating that the legal limit of intoxication for carrying is the same as driving. .

Where do instructors get this bull?!!!!

That is not true either. There is no "legal limit" of intoxication for carrying while intoxicated. I HATE it when people use this false and misleading term. (not directed at you TexAg08)

The term "legal limit" is a misnomer created by the media. It is meant to indicate the Blood Alcohol Level that is illegal to have to operate a vehicle; in Texas .08%.

However, it is NOT a "legal limit". There is NO "limit" at all. .08% BAC is the presumed level of intoxication for DWI. That means a person IS intoxicated for the purposes of DWI if the person's BAC is .08% or greater. The judge or jury do not get to be subjective about that element of intoxication for DWI if the person had a .08% or greater BAC.

(yes, they do get to decide all sorts of things about the BAC, like was the test administered properly, blah, blah, but if they find the BAC was legally and properly obtained, then the person WAS intoxicated.)

DWI is the ONLY charge where a BAC is applicable by law. A person charged with DWI must give a specimen of his blood/breath to determine the alcohol concentration of his blood. However, a BAC below .08% is not a dismissal, nor does it preclude the person from being convicted. I HAVE obtained convictions for under the statutory presumption of BAC.

If a person has a BAC below .08%, or is charged with an intoxication crime other than a driving offense, then the other definition of intoxication is used;

Texas Penal Code 49.01
(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;

That is a subjective definition.

A person arrested for carrying while intoxicated will have the above subjective definition applied to them. No one will get an intoxilizer or blood test.


So there is NO "legal limit" for carrying a concealed handgun while intoxicated. (that's a test question, BTW).

flintknapper wrote:

txinvestigator wrote:

hoytinak wrote:Thanks TX, I wasn't trying to argue, hope it didn't come off like that...I just wanted to know the facts.

No, no, not at all. It is just that everytime this comes up, there are posts claiming "a cop can arrest you if he smells alcohol because there is no definition of intoxicated", and then the thread goes poop.

Well there IS a definiton of intoxicated. But beyond that, why would your drinking a nice ale with your Porterhouse cause a cop to even LOOK at you? (not you specifically hoytinak) You handgun is concealed, you are not acting a fool.....whats the issue?

Dang, now I need to go to Saltgrass.

Dang, I wish you hadn't said that! I love Saltgrass, of course they don't have one here.

Tell ya what, next time I'm up Dallas way.....I'll let you know and we'll go to the Saltgrass on me. I love Saltgrass, did I say that?

Either that, or I'll fire up the grill and make some Porterhouses with a whole slew of sides like'

grilled cajun buttered corn on the cob, spicy grilled potato skins, and grilled pineapple with homemade icecream.

Maybe some Margarita Shrimp to go along...................

hoytinak wrote:Thanks TX, I wasn't trying to argue, hope it didn't come off like that...I just wanted to know the facts.

No, no, not at all. It is just that everytime this comes up, there are posts claiming "a cop can arrest you if he smells alcohol because there is no definition of intoxicated", and then the thread goes poop.

Well there IS a definiton of intoxicated. But beyond that, why would your drinking a nice ale with your Porterhouse cause a cop to even LOOK at you? (not you specifically hoytinak) You handgun is concealed, you are not acting a fool.....whats the issue?

Dang, now I need to go to Saltgrass.

hoytinak wrote:I read on here somewhere that it's ok to have a drink or two while carrying as long as your not intoxicated. When I took my CHL class back in Feb. my instructor said you can NOT have a single drop while carrying. I just asked my father who also has his CHL and he said the same thing as my instructor. So which is true? I know one shouldn't get drunk while carrying but I don't see anything wrong with having a drink while out for lunch or dinner.

Rather than argue, lets just consider the facts;

Texas Penal Code
§ 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER.

d) A license holder commits an offense if, while
intoxicated, the license holder carries a handgun under the
authority of Subchapter H, Chapter 411, Government Code, regardless
of whether the handgun is concealed.