That being said, I *do* believe it is up to the officers personal discretion whether or not that person is intoxicated. The "legal limit" is the *highest allowable level*. I'm sure there are many who are impaired at .06. What about if the officer thinks you are under the influence of some kind of man-made chemical (Xanax or any of the other psychiatrist candy)? You won't blow anything on the meter, but you are intoxicated. This boils down to the officers discretion.Sec. 46.035 (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.
If I have a Shiner (it's rare for me to have a drink) and a steak at Saltgrass, I don't disarm.