TexasCHLforum.com

The Annoyed Man wrote:

TDDude wrote:The law is the same as for driving. I believe it's .08 or higher blood alcohol and one is legally intoxicated. (someone correct me if that's changedor if the level is wrong)...

I don't think there is a minimum limit for CHL. It's up to the investigating/arresting officer. If he thinks you are alcohol impaired while carrying under the authority of your CHL, and you blow a .04, you're in deep trouble. It is not the same as for driving. However, and this is the important part, I believe it is the officer's discretion to decide A) to test you, and B) whether your test results constitute impairment. So while it is not illegal to consume alcohol while carrying, if you are stopped, and there is alcohol on your breath, and it is the opinion of the officer that you're impaired, it won't matter what level you blow, as long as it is more than 0.00.

What can I say. My family is out of town and I got a lot of time on my hands today.
Not saying that one won't get to go for a ride but here is the law copied and pasted from the DPS website.

From the CHL lawbook:

GC §411.171. DEFINITIONS. In this subchapter: .........
(6) "Intoxicated" has the meaning assigned by Section 49.01, Penal Code.

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.
........
(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.

I dont' really know what Subchapter H, Chapter 411 means but I found this in the Texas Penal Code on intoxication definitions.

From Penal Code, Title 10.

PENAL CODE
TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS
CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES

Sec. 49.01. DEFINITIONS. In this chapter:
(1) "Alcohol concentration" means the number of grams of alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine.
(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.
(3) "Motor vehicle" has the meaning assigned by Section 32.34(a).

Since we're just talking about a drink or two and not all that nonsense in section 2A, .08 seems to be the magic number.

However, TAM is very correct. If the LEO thinks you're loopy, you will go for a ride.

The law is the same as for driving. I believe it's .08 or higher blood alcohol and one is legally intoxicated. (someone correct me if that's changedor if the level is wrong)

Personally, if I’m carrying, which is always, I don’t drink. If I’m ever involved in an incident after having a drink with dinner, I don’t want anything coming back on me from anywhere about me having a buzz on. Any alcohol in ones system will affect reaction times and judgment and personally, I don’t think it’s worth it.

Plus, have you guys seen what these restaurants are charging for a drink with dinner these days?? It’s ridiculous. I’d much rather have a Jack Daniels pecan pie at Texas Land & Cattle after my steak than a Jack Daniels on ice with my steak.

BUT, that’s just me and not the law. As CHL holders, our limits are the same as they are with a DUI.



oh yea, I forgot to say that IANAL but my ex wife did marry one.