Every once in a while, after I get off work and make it to my humble abode, I will have a beer or two (or three
). Especially If I'm barbecuing. And shoot, sometimes I'll even have something stronger than a beer. I don't mean to make myself sound like an alcoholic, I wan't to stress that this is occasional in nature. As the title implies, I'm very curious how the presence of alcohol in my system would affect me legally speaking should there be a need to use deadly force in self defense inside my own home. Let's say that, based on the facts, it's a perfectly good shoot under the Castle doctrine. The only other factor is that I've imbibed some that evening. I think that doing a drug/alcohol screen is routine procedure if I shoot someone, is that right? Regardless, even if the police don't test me, let's say my eyes are a little red and there are 3 empty bottles of beer over on the counter, and it's pretty obvious I've had a couple. I'm wondering if I'll still be OK under TX law. And if I do get tested, would the BAC matter? Would there be any difference in how I get treated under the law whether my BAC is 0.02 or 0.10?P.S. I would never drink while carrying, but I feel like I shouldn't give up my right to consume whatever beverage I want to consume inside my own home for fear that the law will come after me should I have to defend myself in my home.
I know, right. Reality has a funny way of encroaching on our peaceful, secure existence. So I'm not getting a definitive answer, at least so far. I already knew it would muddy the waters to have ETOH in your system. If you're going to legally shoot someone, it's always better to do it sober rather than under the influence. Speeedsix, I see you think I would be fine as long as the shoot was otherwise good. I think that I should be fine. After all, I don't know when I'm going to get attacked in my home, and I can't plan all my decisions around the distant possibility of a stupid criminal breaking into my house while I'm there. Don't most burglars make sure that nobody's home before breaking in anyways? So, if someone's breaking in while I'm in the house, I would presume the worst intentions including torture and murder on the criminal's part. I would do what I need to do. I just hope the law would be on my side whether or not I had just had 3 beers.
