Car carry and alcohol?

[acfixerdude]

I understand that if you have a CHL it is an offense to be "intoxicated" while carrying.

My question is this: can you have your firearm in your vehicle (thank you Castle Doctrine) and go out to the bar for a drink or two and then drive back home without committing a firearm related offense? Is the law regarding this (if any) the same if you have a CHL or if you do not?

I currently do not have my CHL (yet) and I like to keep my firearm near by in my car. I don't however, want to get in trouble if I go out and have one or two drinks at the bar with my friends and then have an issue with the police because I have a firearm in the vehicle. (Set aside any possible DUI offenses, but then again I don't drive after 3 drinks so its not an issue).

 

[Bithabus]

Driving while intoxicated is an offense, so don't drive if you are intoxicated.

If you do drive while intoxicated while carrying you can also be charged with UCW, which is a more serious offense.

 

[fuelfather]

Driving while intoxicated is an offense, so don't drive if you are intoxicated.

If you do drive while intoxicated while carrying you can also be charged with UCW, which is a more serious offense.

^This.

 

[TexasBrandon]

There is a lot of grey area in this case in my opinion. Driving with alcohol in your system is an offense and if you are over the limit then you are in real deep. Regardless, any alcohol in your system is an offense as the two guys above me posted. A cop can technically say you are "drunk" even without a test as I have a close friend who had to fight his case due to this problem. He won in the end but still. If I plan on going to the bar or wherever the gun is probably going to stay either A. at home or B. In the glove box and I will wait the time until a reasonable person would consider the alcohol content diminished. If you have a group of buddies and need to defend yourself in a bar situation it probably isn't going to end well regardless. I'm not much of a bar person to begin with so this never really applies to me.

 

[Bithabus]

Driving with alcohol in your system is an offense

No it isn't, unless you are under 21

Regardless, any alcohol in your system is an offense as the two guys above me posted.

Nobody above you posted this because it is false.

 

[txinvestigator]

There is a lot of grey area in this case in my opinion. Driving with alcohol in your system is an offense

That is true ONLY if the person is under 21.

and if you are over the limit then you are in real deep.

There is no "limit" . There is a presumed level of intoxication, but a person can be charged and convicted at below that kevel.

Regardless, any alcohol in your system is an offense as the two guys above me posted.

That is incorrect.

A cop can technically say you are "drunk" even without a test as I have a close friend who had to fight his case due to this problem. He won in the end but still.

Please elaborate.

If I plan on going to the bar or wherever the gun is probably going to stay either A. at home or B. In the glove box and I will wait the time until a reasonable person would consider the alcohol content diminished. If you have a group of buddies and need to defend yourself in a bar situation it probably isn't going to end well regardless. I'm not much of a bar person to begin with so this never really applies to me.

A handgun in your glove compartment is still "about your person" and if you are intoxicated subjects you to penal code 46.02 or 46.035, as applicable.

 

[acfixerdude]

Thanks for the reply. I am new to Texas, is it really an offense to drive under while the limit?

 

[acfixerdude]

Thanks for the reply. I am new to Texas, is it really an offense to drive under while the limit?

Never mind, under the limit question answered before could post reply.

 

[txinvestigator]

Thanks for the reply. I am new to Texas, is it really an offense to drive under while the limit?

There is no "limit". .08% Is a presumed level of intoxication, but a person can be arrested with no knowledge of the actual BAC, and a conviction had with no knowledge of the BAC. The definition of Intoxication found in penal code 49.01 (2) (a) is used.

 

[mcfroggin]

There is no "limit". .08% Is a presumed level of intoxication, but a person can be arrested with no knowledge of the actual BAC, and a conviction had with no knowledge of the BAC. The definition of Intoxication found in penal code 49.01 (2) (a) is used.

This. It would be harder to get a conviction below .08 though. Cops can and will charge you for anything.

The OP's answer really depends on the level of risk and money he/she is willing to throw at possible charges.

 

[acfixerdude]

That is true ONLY if the person is under 21.


There is no "limit" . There is a presumed level of intoxication, but a person can be charged and convicted at below that kevel.

That is incorrect. Please elaborate.

A handgun in your glove compartment is still "about your person" and if you are intoxicated subjects you to penal code 46.02 or 46.035, as applicable.

Please point out to me which part 46.02 refers to having a handgun about your person while intoxicated, I must be missing something.

Thank you.

 

[txinvestigator]

Please point out to me which part 46.02 refers to having a handgun about your person while intoxicated, I must be missing something.

Thank you.

Read 46.02. See that part that talks about a violation if you carry a handgun on or about your person if you are committing a crime? DWI is a crime.

 

[txinvestigator]

This. It would be harder to get a conviction below .08 though. Cops can and will charge you for any crime for which they have probable cause.

.

There ya go. Fixed it.

 

[acfixerdude]

K, thanks for clearing that up for me.

 

[hkusp1]

Rule of thumb for me is no, but I don't drink either.

 

[Charlie]

Remember, an officer on the scene will determine if a driver is "under the influence" whether you have a gun or not. If you do, it will cause you more issues. Just my two bits. Keep in mind, you may "beat the rap" but you may not or may not "beat the ride and the attorney expense".

 

[Rangel]

Just
A) dont Drink and Drive
2) Dont Drink and Carry
C) Dont Drink Drive and Carry.
its that simple

 

[Charlie]

Just
A) dont Drink and Drive
2) Dont Drink and Carry
C) Dont Drink Drive and Carry.
its that simple

Pretty much covers it if you don't want to get into expensive trouble.

 

[Kimber_me_timbers]

Pretty much covers it if you don't want to get into expensive trouble.

Ok, moving past "color of law" which rarely if ever applies in a jury trial, you have no legal obligation to declare that you are armed during a traffic stop, so if you've had a few beers, may not be a bad idea to refrain from broadcasting that you're armed.

If you dont volunteer that info, and 5-0 finds out about the gun and charges you with a firearm offense, its because you really pissed him off by being a dick or something, or you were more shitfaced than you thought, or had something else going that would give 5-0 probable cause to search your ride.

If youre going out for a few "cobeers", I would LOCK my pistol in the glovebox, a locked glovebox requires an officer to actually obtain a warrant to open it.

They sell these "Alcohawk" doo-hickeys online, Ive even seen em at Office Depot, probably wouldn't hurt you to get one.

Reality is, it all comes down to officer disgression and totality of the incident. Why the officer pulled you over to begin with will greatly effect this. If you dont smell like a brewery of metabolized alcohol, arent driving or acting abnormally and arent being a dick, you probably wont get pulled over to begin with, but if you just got unlucky and got stopped on a license plate light or some shit, in the words of Will Smith in M.I.B, "Don't start nothin, wont be nothin!!"

 

[austinbirdnut]

Kimber...

if I understand correctly, while he doesnt have to state he is armed, he DOES have to say he is a CHL holder, no? Wouldnt you suppose that once the LEO discovers this his next question would be, "are you armed or are there weapons in the vehicle"?? He would then be required to say yes....

Am I right?