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Re: CHL and Alcohol

Posted: Thu Feb 04, 2010 6:45 pm
by cougartex
Oldgringo wrote:
45 4 life wrote:...you could be arrested, weapons confiscated, and permit suspended.
This is true. You can be arrested for anything at any time; however, making the charges stick is another matter. In the course of regaining your freedom, weapon, CHL, place in the community, employment, etc., etc.,...well, er, , uh you know the rest.

One mo' time, why risk it? If you're going out drinkin', leave the iron at home.

:iagree:

Re: CHL and Alcohol

Posted: Thu Feb 04, 2010 7:10 pm
by Hoosier Daddy
45 4 life wrote:However he pointed to a question on the written test (true or false) that basically states that there is no legal limit, the answer is ofcourse true, there ins'nt.
There's no limit to the number of guns you're allowed to conceal either. That's different than the limit being zero.

Re: CHL and Alcohol

Posted: Thu Feb 04, 2010 7:23 pm
by hirundo82
45 4 life wrote:
USA1 wrote:Far as I know, this is the correct answer..

"Carrying" while drinking is not prohibited, but it is a criminal offense to carry while intoxicated.
This is what I have always understood, but this guy actually wrote on the dry erase board "0.0001 and the officer can take you down"
I know it's hyperbole, but that's stupid; you can have more alcohol than that in your blood without ever having a drink in your life. Studies show that blood alcohol can get up to .0016 just from fermentation by bacteria in the gut. That's not to mention you can't measure that low without special laboratory techniques; a handheld machine is never going to be able to detect that.

Re: CHL and Alcohol

Posted: Thu Feb 04, 2010 7:37 pm
by JJVP
45 4 life wrote:There has been allot of talk on here about drinking while carrying. I have just finished my renewal class and was told by the instructor that there is a new law that just went into effect that clearly defines the legal limit of 0.00 while a CHL is carrying.

Is this something that I have missed?
No you did not miss anything, other than a competent CHL instructor. Some else posted the statues, so I won't duplicate that, but it is also explicitly answered in the Q&A on the DPS site

"Q: Can I carry a handgun if I am drinking alcohol?
A: "Carrying" while drinking is not prohibited, but it is a criminal
offense to carry while intoxicated.

http://www.txdps.state.tx.us/administra ... chlfaq.pdf" onclick="window.open(this.href);return false;

Re: CHL and Alcohol

Posted: Thu Feb 04, 2010 7:44 pm
by HankB
Drunks shouldn't carry guns any more than drunks should drive.

But note that unless you're driving, there is NO requirement for you to submit to a breathalyzer or field sobriety test, either.

Re: CHL and Alcohol

Posted: Thu Feb 04, 2010 8:12 pm
by s197winstang
Oldgringo wrote:
45 4 life wrote:...you could be arrested, weapons confiscated, and permit suspended.
This is true. You can be arrested for anything at any time; however, making the charges stick is another matter. In the course of regaining your freedom, weapon, CHL, place in the community, employment, etc., etc.,...well, er, , uh you know the rest.

One mo' time, why risk it? If you're going out drinkin', leave the iron at home.
Concur. My instructor said the same thing. He is a former cop and went on to say if you have been drinking and there is a gun in the car even if it is locked in the trunk he knows a lot of officers that will take you in and let the judge decide if you put it there before or after you started drinking. At the end of the day it is just not worth the trouble.

Re: CHL and Alcohol

Posted: Thu Feb 04, 2010 9:10 pm
by boomerang
HankB wrote:Drunks shouldn't carry guns any more than drunks should drive.
That's true whether the drunk is a plumber, a Senator, a doctor, a peace officer, etc.

Re: CHL and Alcohol

Posted: Thu Feb 04, 2010 9:50 pm
by Sewer_Ice
Funny thing is, as my instructor explained to me:

If you don't have a CHL and your carrying in your vehicle, the limit is .08. If you do have a CHL, there is no limit! Thanks to the motor vehicle protection act non-chl carries can legally carry one place we can't: in their car with any alcohol in their system.

Re: CHL and Alcohol

Posted: Thu Feb 04, 2010 9:56 pm
by 03Lightningrocks
Regardless of the law, it is really not a great idea to be drinking while carrying a firearm any more than it is a good idea to be hunting while drinking. :tiphat:

Re: CHL and Alcohol

Posted: Thu Feb 04, 2010 10:18 pm
by Kevinf2349
boomerang wrote:
HankB wrote:Drunks shouldn't carry guns any more than drunks should drive.
That's true whether the drunk .... a Senator.
Two words....Ted Kennedy! "rlol" "rlol"

Sorry...I couldn't resist it.

Re: CHL and Alcohol

Posted: Thu Feb 04, 2010 10:22 pm
by Dragonfighter
hirundo82 wrote:
45 4 life wrote:
USA1 wrote:Far as I know, this is the correct answer..

"Carrying" while drinking is not prohibited, but it is a criminal offense to carry while intoxicated.
This is what I have always understood, but this guy actually wrote on the dry erase board "0.0001 and the officer can take you down"
I know it's hyperbole, but that's stupid; you can have more alcohol than that in your blood without ever having a drink in your life. Studies show that blood alcohol can get up to .0016 just from fermentation by bacteria in the gut. That's not to mention you can't measure that low without special laboratory techniques; a handheld machine is never going to be able to detect that.

True but your body is not going to detoxify (read breathe off) at those levels unless you are acidic to begin with (COPD, diabetic, Atkins dieter).

Re: CHL and Alcohol

Posted: Thu Feb 04, 2010 10:33 pm
by gwashorn
Oh great, now I can't carry while dieting on the Atkins diet. Geez, I ain't ever gona lose weight now! "rlol"

Re: CHL and Alcohol

Posted: Thu Feb 04, 2010 10:36 pm
by 03Lightningrocks
gwashorn wrote:Oh great, now I can't carry while dieting on the Atkins diet. Geez, I ain't ever gona lose weight now! "rlol"
Haven't they determined that the Atkins diet is bad for your heart? Try the exercise and eat less food diet...LOL...works every time. :mrgreen:

Re: CHL and Alcohol

Posted: Thu Feb 04, 2010 10:46 pm
by gwashorn
I already exercise, lift weights and play tennis for 8 hours a week AND I have a bad heart with 100% blocked main artery. Can't go anywhere but up from that!

But seriously, I always worry, I am out with friends and last minute decision we go for a dinner with friends and at most I only have one glass of wine with a meal. I am not drinker per se and I worry because I am carring. Now granted I would leave my weapon in my car but that does not relieve me of the carry part of the law. It only lessens my chance of being outed. So I don't even have the glass. That is where I have issues.

Gary

Re: CHL and Alcohol

Posted: Thu Feb 04, 2010 11:03 pm
by 03Lightningrocks
gwashorn wrote:I already exercise, lift weights and play tennis for 8 hours a week AND I have a bad heart with 100% blocked main artery. Can't go anywhere but up from that!

But seriously, I always worry, I am out with friends and last minute decision we go for a dinner with friends and at most I only have one glass of wine with a meal. I am not drinker per se and I worry because I am carring. Now granted I would leave my weapon in my car but that does not relieve me of the carry part of the law. It only lessens my chance of being outed. So I don't even have the glass. That is where I have issues.

Gary
You know what they say...the only thing worse than an ex smoker is an ex fat man... I am both. I am actually still working on the fat man part. :smilelol5:

I am a bit paranoid about drinking while carrying. My worst nightmare would be having to use the weapon and then trying to explain that I was not intoxicated when my stray bullet hit an innocent by stander. For me it is really no big deal passing up on a over priced drink while eating out. I can make all the drinks I want at home for a third of the price.