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by nitrogen
Sun Sep 21, 2008 8:02 pm
Forum: General Texas CHL Discussion
Topic: Interesting 51% Sign
Replies: 24
Views: 3046

Re: Interesting 51% Sign

It is NOT a definate no no, at least according to the law.

I do agree that it is a de facto "no-no" however
by nitrogen
Sun Sep 21, 2008 4:14 pm
Forum: General Texas CHL Discussion
Topic: Interesting 51% Sign
Replies: 24
Views: 3046

Re: Interesting 51% Sign

KBCraig wrote:
T3hK1w1 wrote:I would comment that a glass of wine is probably enough to show up on a blood alcohol test, and is therefore a definite no-no while carrying.
The legal standard for carrying is that the licensee not be "intoxicated". A BAC detectable as >0.0 does not constitute "intoxicated".
That's actually not correct.

Intoxicated, in reality, is whatever an officer says it is. You can fight it in court though
§ 49.01. DEFINITIONS. In this chapter:

(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.
If an officer can explain why he feels you were intoxicated, you're pretty much in trouble.

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