TexasCHLforum.com

stephengauntt wrote:One of the 10 commandments of gun safety is don't mix alcohol with guns

If you carry don't drink at all you are better off

I drink maybe a couple six packs a year at most. I never drink anything else. I have never carried and drank just as I never
drink and drive. Never in my life!!

Chuck

gigag04 wrote:I worked for the company for almost 4 years. It's not 51% nor is any other restaurant.

Be careful (well not you gigag04...but regular CHL'ers).there is a place near my house which is clearly a restaurant during the day and early evening, but they apparently make enough money in the evening off booze to be 51%, as they are posted as such and listed on the TABC website.

rdcrags wrote:I guess I am in the minority here. At least once a month, we go out for a fix of Tex Mex. Keeps the old system functioning. I always have one Corona, or original Coors if in Colorado. Am I the driver? Of course. Am I carrying? Of course.

I have made this comment before, but it seems like every time the topic of Alcohol comes up there are certain folks who absolutely will not have one drink. I am not one of those. I would also presume that those folks who will not have one drink also do not carry when taking any medications that may inhibit their abilities in ANY manner.

Am I going to go out while carrying and get hammer timed? , well no. Will I enjoy a glass of wine with dinner, or a cold beer with a spicy mexican dish...yes.

I just don't like the idea of having alcohol on my breath while driving or carrying. Here's a scenario. You have a drink at local tavern, and on the way home as you go thru a green light, you get broadsided by a guy that ran the light. LEO shows up and while asking you what happened, he smells your breath. His next question will be, "have you been drinking tonight? Thats a question that I would rather be able to say no sir.

It sounds like many of you generally just don't drink at all so your "advice" is not terribly useful for those who do enjoy alcohol in moderation while outside of the home. Comments about not wanting to have alcohol "on your breath" if you get into a car accident after one beer with dinner is kind of crazy. More likely you've got bean breath or steak breath (Or even worse, garlic breath coming home from Maggianos). I have a single beer (generally craft beer or homebrewed when i'm at home, if the location doesn't offer craft then its a diet coke) or wine with pretty much every dinner, whether I'm eating out or eating in, whether I'm carrying or not. I will continue to do so until my metabolism dictates that I must stop drinking beer before a beer belly is developed. After reading several of the threads out there about CHL and Alcohol I am unconvinced that somebody who has a single drink puts themselves at any significant risk.

Thats ok for you. But for me it's not worth a felony.

fishman wrote:Thats ok for you. But for me it's not worth a felony.

What felony has occurred in the situation that you described?

IMHO, this whole issue is a very personal decision. I certainly respect those who choose never to drink, but is seem like that respect should go both ways. It is up to each individual to know their limits when it comes to Alcohol, cold medicine, lack of sleep, prescribed drugs, emotional stress, etc. etc. etc. when carrying and or driving.

Agreed, but do you know exactly what that limit is? The felony would be carrying while intoxicated. Or maybe felony dwi.

fishman wrote:Agreed, but do you know exactly what that limit is? The felony would be carrying while intoxicated. Or maybe felony dwi.

INAL or a LEO..

Felony DWI
- DWI with kids in the car
- DWI with manslaughter involved
- 3rd DWI
- DWI with assault

Carry while intoxicated (if we want to make the stretch that one beer would do this) is a Class A Misdemeanor:



"(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.

(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A
misdemeanor, unless the offense is committed under Subsection
(b)(1) or (b)(3), in which event the offense is a felony of the third
degree."

Ok I stand corrected. I still don't want to answer yes to the question "have you been drinking tonight?"

fishman wrote:Ok I stand corrected. I still don't want to answer yes to the question "have you been drinking tonight?"

And I concede that any interaction that starts with an LEO asking if you "have you been drinking" has a high probability of turning out poorly.

fishman wrote:Ok I stand corrected. I still don't want to answer yes to the question "have you been drinking tonight?"

Then don't. Case closed.

steveincowtown wrote:

fishman wrote:Agreed, but do you know exactly what that limit is? The felony would be carrying while intoxicated. Or maybe felony dwi.

INAL or a LEO..

Felony DWI
- DWI with kids in the car
- DWI with manslaughter involved
- 3rd DWI
- DWI with assault

Carry while intoxicated (if we want to make the stretch that one beer would do this) is a Class A Misdemeanor:



"(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.

(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A
misdemeanor, unless the offense is committed under Subsection
(b)(1) or (b)(3), in which event the offense is a felony of the third
degree."

I don't know how people make the jump that drinking a beer (or, hold your breath, TWO) at dinner while carrying makes you a criminal. I wish I had a source, but I think it's understood that the 0.08 BAC for DUI/DWI is the same limit for carrying while intoxicated. If two beers puts you at 0.08, DON'T DRINK THAT BEER. Of course, most people don't know their own limit until they're actually given a breathalizer by a LEO.

My CHL instructor just danced around the subject after several students asked this question, and one student who is a lawyer was in disbelief that "a" drink puts you into dire straits. I think it really boils down to using your head and thinking through what you're going to be doing (e.g. am I only going to be at the restaurant for 10 minutes and have one beer or be at the restaurant for 1 hour and have 1 beer?).

steveincowtown wrote:

fishman wrote:Ok I stand corrected. I still don't want to answer yes to the question "have you been drinking tonight?"

And I concede that any interaction that starts with an LEO asking if you "have you been drinking" has a high probability of turning out poorly.

I completely agree with you. It's not illegal to have been "drinking". It's illegal to do specific things under the influence of alcohol and other substances. LEO starting an encounter off that way already have you pegged.

steveincowtown wrote: Be careful (well not you gigag04...but regular CHL'ers).there is a place near my house which is clearly a restaurant during the day and early evening, but they apparently make enough money in the evening off booze to be 51%, as they are posted as such and listed on the TABC website.

Whoa! Really? That's sneaky.

Teamless wrote:it is legal to carry there, and at the bar at outback and at any other restaurant that does not make 51% of its business via sales of alcohol for on premise consumption.

Basically if it is a restaurant first, and has a bar, you should be legal, just watch for either the BLUE sign or the RED sign.

I didn't think we had to worry about the blue ones.