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Return to “drinking while carrying?”

by LM23
Wed Aug 29, 2007 8:45 pm
Forum: General Texas CHL Discussion
Topic: drinking while carrying?
Replies: 22
Views: 3760

I posted before on this same topic. I was on a jury for 4 days on a DWI case. The accused refused a breath and blood test. There was no evidnece available to us, the jury that he was .08 or higher. Well here is the deal on law and I am 100% sure it would apply in CHL matters (This was an education given to all us jurors by Collin County DA):

Due to alcohol consumption was he?

1. A threat to himself?
2. A threat to others?
3. A BAC of .08 or more?

As a jury we had no proof of .08, BUT based on the in-car tape of the stop and arrest #1 and #2 applied and he was found guilty as charged. So I would say in the case of a CHL the same would apply.

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