TexasCHLforum.com

Chuck_wall wrote: The main point of disagreement is when you have a CHL, is there zero tolerance on driving, even when not carrying?

No. You fall under the same law as everyone else. Having a CHL makes no difference when not carrying.

As for carrying and drinking, while it is not clearly defined, IMO you still fall under the same law and requirements for intoxication. However, AFAIK it has never been tested in court, so it is an assumption that it is the same. IANAL

Chuck_wall wrote:I've been trying to sift through the forum and other sources to answer a few questions. I'm hoping y'all can help. I've heard numerous variations of the law from numerous people from zero tolerance on down. Obviously, drunken carry is illegal, but I'm trying to figure out exactly what the other lines drawn by the law are. Questions are below. Thanks again.

1. What is the legality of driving, while under the .08 limit, with a CHL while not carrying?

2. What is the legality of driving, while under the .08 limit (say a beer with dinner), with a CHL while carrying?

First off, I Am Not A Lawyer. However, the Texas state statutes have two definitions for intoxication. The first is not having the normal use of physical or mental skills due to alcohol consumption, a controlled substance, a drug, or a combination of two or more of these substances.

The second definition is having a blood alcohol content (BAC) of .08 percent or higher. A driver can not use the defense that the intoxicating substance was prescription medication. Any substance, legal or illegal, that renders a person unable to drive safely may lead to a DWI charge.

And, since there is no clear definition for intoxication for carrying, then you have to assume it means the same for that since it is stated in the statutes elsewhere.

So, IMO, you can be deemed intoxicated by a law enforcement officer under the first definition, even without being .08 whether driving or carrying.