TexasCHLforum.com

Crossfire wrote:

Crossfire wrote:Ron - you have it figured out. Your instructor is mistaken.

You cannot carry if you are intoxicated.

Blood alcohol level will not be used to determine intoxication level for a CHL holder.

It is up to the officer to determine if you are "intoxicated or impaired in any way"

Perhaps I should have clarified that I meant "up to the officer's discretion" under the definition of PC 49.01

Thanks!

This is EXACTLY what my instructor told me.

(Maybe that is becasuse Crossfire WAS my instructor. )

Seriously, it is no different than driving. It is strictly up to the officer's discretion if they feel you are intoxicated unless you meet the >.08 BAC. You can be intoxicated with one drink of alcohol if there are other things in your system that contribute to the total impairment of your body. As well, you can be intoxicated without any alcohol, but medications/drugs in your system. Without any external proof of intoxication (BAC or breathalyser), it will be harder to prove your intoxication/impairment in court and there will probably need to be witness accounts or video showing you were impaired to substantiate the officer's interpretation for a conviction.