Can I carry a handgun if I am drinking alcohol?

[Moby]

While I don't and wouldn't drink when carrying a discussion came up
between a friend of mine (also a CHL holder in Texas) and he says it's not
illegal to drink when you carry. But if there is no "lower limit" for intoxication,
doesn't that mean one beer and you're illegal?? I understand no one should know
because concealed means concealed, but i want to know if he's right or I am.
I'm pretty sure if you had to use your firearm and smelled of beer it wouldn't be good.

This is the wesite he sent me.

http://www.texaschl.us/faq.htm#alcohol" onclick="window.open(this.href);return false;
28.
Can I carry a handgun if I am drinking alcohol?

“Carrying” while drinking is not prohibited, but it is a criminal offense to carry while intoxicated. (Intoxicated is not the same as limits for DWI. Currently there is NO MINIMUM LIMIT for intoxication under CHL law)

[MoJo]

You may carry while drinking but, you may not carry if impaired. The officer will administer a field sobriety test and make a determination of the severity of your impaired state. Louisiana on the other hand has a .05 presumption of intoxication while carrying.

[The_Busy_Mom]

You may carry while drinking but, you may not carry if impaired. The officer will administer a field sobriety test and make a determination of the severity of your impaired state. Louisiana on the other hand has a .05 presumption of intoxication while carrying.

definition of intoxication: A state in which a person's normal capacity to act or reason is inhibited by alcohol or drugs.

You may drink, but you may not carry and be impaired. Under CHL, the fact that there is no minimum just means that if you are impaired after 1 beer, then you are intoxicated. If it takes 3, then it takes 3. There is no number (like .08) to quantify official intoxication. Impaired is impaired, no matter what the level.

TBM

[CainA]

I don't think it's advisable to drink(alcohol) and carry a gun. With that said(ironically), it sure seems to be a rite of passage or whatever when people go to their deer lease and get crocked with all the guns around...go figure.

[K.Mooneyham]

I'm not much of a drinker anymore, and do not go to bars, etc. A beer with dinner at home or after mowing the lawn on a hot summer day is pretty much the extent of my drinking now. However, I wouldn't drink anything alcohol and carry while out and about because of the "no lower limit" thing. What if I were to have one beer with a large dinner while out, get pulled over for failure to stop far enough behind a stop sign (just trying to think of something minor that anyone might do if their attention were to wander for a second), and then the LEO smells alcohol on my breath? He says, "Been drinking"? I say "One beer" truthfully, but he has no way of knowing that and a large number of people lie, just the way it is. He sees my CHL, asks if I'm carrying, etc., and I am then asked to step out of the vehicle and put my hands on the hood, disarmed, cuffed and taking a ride that I don't have the money to pay my way out of (afford a good lawyer)...no more CHL, either...versus NOT drinking while out and carrying, and maybe getting a verbal for the same stop sign violation. Just not worth it, IMHO.

[apostate]

I would be remiss if I didn't point out that if you are intoxicated, the 46.035 prohibition applies whether the impairment is caused by alcohol, an OTC cold remedy, medicine prescribed by your doctor, or Twinkies.

[ScottDLS]

While I don't and wouldn't drink when carrying a discussion came up
between a friend of mine (also a CHL holder in Texas) and he says it's not
illegal to drink when you carry. But if there is no "lower limit" for intoxication,
doesn't that mean one beer and you're illegal?? I understand no one should know
because concealed means concealed, but i want to know if he's right or I am.
I'm pretty sure if you had to use your firearm and smelled of beer it wouldn't be good.

This is the wesite he sent me.

http://www.texaschl.us/faq.htm#alcohol" onclick="window.open(this.href);return false;
28.
Can I carry a handgun if I am drinking alcohol?

“Carrying” while drinking is not prohibited, but it is a criminal offense to carry while intoxicated. (Intoxicated is not the same as limits for DWI. Currently there is NO MINIMUM LIMIT for intoxication under CHL law)

As you stated, carrying while drinking alcohol is not advisable, but it is not necessarily illegal. Carrying (under CHL) while intoxicated IS illegal. And contrary to the FAQ that the instructor posted, the definition of intoxicated is the same for CHL as it is for DWI. There is no lower BAC limit for intoxication for CHL or driving. There is, however, an upper limit where one is legally presumed intoxicated for either driving or CHL, and that is 0.08. 0.08 or over you ARE. Under 0.08 you might be and I guess it would be a fact to be tried before the jury if you were to be charged with it.

[E.Marquez]

Alcohol, Opiates, and as suggested Twinkies.. The intoxicant makes no difference.
You either are, or are not.
If your body can consume XX amount of Alcohol and not be intoxicated, then no law has been violated while carrying your concealed handgun.


Sec. 49.01. DEFINITIONS.
(1) "Alcohol concentration" means the number of grams of alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine.
(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.

[jmra]

I can remember my Dad talking to me about drinking when I was a teenager. Went something like this:
"Son, if you drink enough drinks to get drunk, which drink made you drunk? How do you know when to stop drinking to make sure you haven't had enough drinks to be drunk? If you never take the first drink, you'll never have to worry about being drunk."
This is usually when I would look him in the eye and say, "I need a drink".

[JALLEN]

It only takes one drink to get me drunk. I just can never remember if it is the 13th or the 14th drink.

[03Lightningrocks]

You may carry while drinking but, you may not carry if impaired. The officer will administer a field sobriety test and make a determination of the severity of your impaired state. Louisiana on the other hand has a .05 presumption of intoxication while carrying.

definition of intoxication: A state in which a person's normal capacity to act or reason is inhibited by alcohol or drugs.

You may drink, but you may not carry and be impaired. Under CHL, the fact that there is no minimum just means that if you are impaired after 1 beer, then you are intoxicated. If it takes 3, then it takes 3. There is no number (like .08) to quantify official intoxication. Impaired is impaired, no matter what the level.

TBM

Yep.... This came up in my renewal class and the instructor warned that their is no number limit for a CHL holder carrying while drinking. He said you could get a cop who decides you are impaired after one drink. Blood alcohol level isn't the criteria.

This seems to me like we are taking some extra risk having that beer with dinner and carrying concealed. I think the odds of getting caught are low but the hassle may not be worth the risk.

[E.Marquez]

Yep.... This came up in my renewal class and the instructor warned that their is no number limit for a CHL holder carrying while drinking. He said you could get a cop who decides you are impaired after one drink. Blood alcohol level isn't the criteria.

This seems to me like we are taking some extra risk having that beer with dinner and carrying concealed. I think the odds of getting caught are low but the hassle may not be worth the risk.

And the same came be said for Driving and contacted by a LEO, Walking and contacted by a LEO, in your home and caring for a minor, and contacted by a LEO.. at any of those the LEO can decide using his training and judgement,m you are impaired, and take you away.

The logical thought is, the LEO will use his training and experience basic knowledge of the LAW

CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES
Sec. 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.

and apply that to the situation at hand.

Sure there is one of these out there http://terrydefense.com/dui-false-arrest/" onclick="window.open(this.href);return false;
But that is an exception, I believe, not the rule.

A look at the convection rates reported for those with a CHL in 2011
http://www.txdps.state.tx.us/RSD/CHL/Re ... rt2011.pdf" onclick="window.open(this.href);return false;

Clearly shows, there are not a lot of CHL'ers getting arrested and convicted for anything, never mind carrying while intoxicated... My estimation is, it's not because of abstinence from consuming alcohol upon being handed a CHL.

And to be clear,, No, I do not personally go out drinking while I carry, nor do I think it wise....... But I would not have a problem with a person having a glass of wine or beer with dinner so long as with that specific person, that amount of Alcohol does not cause them to not have the normal use of mental or physical faculties

[Ericstac]

It could happen one cold morning on the way to work.. Wifey makes some strong coffee, you have a couple cups while reading texaschlforum then grab another coffee to go. 10 minutes down the road you're buzzing hard on caffeine and get pulled over. Cop notices your shaking from the coffee and you say some about strong coffee.. BOOM, you going to jail for intoxication with a gun.

[jmra]

It could happen one cold morning on the way to work.. Wifey makes some strong coffee, you have a couple cups while reading texaschlforum then grab another coffee to go. 10 minutes down the road you're buzzing hard on caffeine and get pulled over. Cop notices your shaking from the coffee and you say some about strong coffee.. BOOM, you going to jail for intoxication with a gun.

That's why I have a one cup limit. I'm also a member of MADD - Men Addicted to Dunkin Donuts.

[anygunanywhere]

It could happen one cold morning on the way to work.. Wifey makes some strong coffee, you have a couple cups while reading texaschlforum then grab another coffee to go. 10 minutes down the road you're buzzing hard on caffeine and get pulled over. Cop notices your shaking from the coffee and you say some about strong coffee.. BOOM, you going to jail for intoxication with a gun.

That's why I have a one cup limit. I'm also a member of MADD - Men Addicted to Dunkin Donuts.

To further push this thread off topic, if I don't get my coffee and am packing I am very dangerous.



Anygunanywhere