You, Your CHL, and Alcohol Consumption.

[texas_teacher]

Thank you for your service to this great country.

+1

 

[MAJIK_BONE_77]

Have you ever taken pseudphed and carried or perhaps dayquil? Maybe you've taken nyquil and left the gun on the nightstand or by the bed... in the same regards you were still not in the mental capacity to facilitate the use of a firearm in a situation and defend yourself.

One drink at dinner isn't going to dictate that I'm going to be at a reduced capacity to defend myself and my loved ones by being aware of myself and my surroundings.

Whats funny about that is that my CHL instructor told me that even nyquil or pseudophed could be considered "intoxicated" he said that while you'd be hard pressed to find an officer out there that would actually have the balls to hassle you over something as small as that, that you should still be carefull.

Not sure how seriously I take that I mean unless you get pulled over with 3 empty bottles of nyquil on you front seat how would the officer know. Of course my CHL instructor taught his class to be very cautious, and not take risks with your CHL, but chalk that up to him being a TxDPS officer. Either way as far as drinking (I don't drink, but if I still did) I just wouldn't take my gun with me when I did. Officers are already on edge when it comes to people drinking, and when it comes to people carrying, not to mention when you put those two together, you may know your ok, but an officer can still say your not, and then you got problems.

 

[txinvestigator]

Whats funny about that is that my CHL instructor told me that even nyquil or pseudophed could be considered "intoxicated" he said that while you'd be hard pressed to find an officer out there that would actually have the balls to hassle you over something as small as that, that you should still be carefull.

Absolutely correct. The definition of intoxication includes controlled substances and drugs.

 

[Buckles]

That is not true. It is illegal to carry while INTOXICATED. Some get confused by a question on the CHL test that is a true or false question; “There is no legal limit of intoxication for a CHL Holder carrying a handgun after drinking alcohol.” The answer is TRUE. There is no legal limit.
There are two definitions of intoxication in Texas;

(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.

The .08% is a presumed level of intoxication, not a "limit". A person below .08% can be intoxicated using definition (A). Since you will not be offered a blood alcohol test for a carrying while intoxicated charge, definition (A) will be used.

The media's misuse of the term "legal limit" is responsible for the confusion with this question. The 08% is not a limit at all. The "legal limit" term is used to describe the BAC of a person involved in a drunken driving offense, but the term is incorrect. A person below .08% can be convicted of DWI. In fact, a person with a ZERO BAC can be convicted. (think drugs).

To prove intoxication the court can establish it under (A), a subjective and more difficult to prove definition, or show that the person had a BAC of .08% or greater. .08% IS intoxicated with no subjectivity. Those things used to describe and establish are things like bloodshot eyes, odor of an intoxicating beverage on your breath, slurred speech, confusion, loss of fine motor skills (having a person fumble to remove their ID from their wallet, or difficulty picking up small objects) staggering or other indications of loss of balance, etc. Generally, none of those alone are sufficient to establish intoxication, but together they do. We all know what a drunk looks like

It is not unlawful to drink alcohol while carrying. The DPS FAQ even states so.

And your license could only be suspended if you were arrested and charged with UCW by a License Holder while intoxicated.

So if you enjoy a beer with your steak you have nothing to fear unless one beer gets you intoxicated.

The wiseness of drinking while carrying is another discussion.



Read page 6 http://www.txdps.state.tx.us/administration/crime_records/chl/chlfaq.pdf
[/B]

well thats exactly what i had thought. thanks for clearing that up. for some reason my instructor just kept on suggesting that any alcohol at all would get us in trouble.

 

[txinvestigator]

well thats exactly what i had thought. thanks for clearing that up. for some reason my instructor just kept on suggesting that any alcohol at all would get us in trouble.

You are welcome.

Be safe

 

[texas_teacher]

well thats exactly what i had thought. thanks for clearing that up. for some reason my instructor just kept on suggesting that any alcohol at all would get us in trouble.

Well they can't readily endorse you going out and getting a little to drink...

 

[DavidK]

I agree, it's never a good idea to mix alcohol and guns....pretty much never.

 

[texas_teacher]

I agree, it's never a good idea to mix alcohol and guns....pretty much never.

Look at NYE in Mexico... Alcohol makes bullets come up and people forget that they come back down...

 

[Roscoe]

My agency has a rule - no carrying a gun (on duty or off) within eight hours of taking a drink of alcohol. That could be one beer, or mixed drink. There's no implication that you are intoxicated, but you will lose your job.

 

[texas_teacher]

My agency has a rule - no carrying a gun (on duty or off) within eight hours of taking a drink of alcohol. That could be one beer, or mixed drink. There's no implication that you are intoxicated, but you will lose your job.

That's a smart policy seeing as they're accepting responsibility...

 

[APatriot]

My agency has a rule - no carrying a gun (on duty or off) within eight hours of taking a drink of alcohol. That could be one beer, or mixed drink. There's no implication that you are intoxicated, but you will lose your job.

Actually that is a good "rule" to follow for CHL holders. +1

 

[texas_teacher]

Actually that is a good "rule" to follow for CHL holders. +1

CHL holders I'd have to disagree with... When there is a company's liability on the line then I think it is a necessary policy...

 

[AusTex]

I am 25 years old.. And I can tell you I have put off my CHL since 21 because of my drinking habits. Its not an issue of having the weapon and hurting myself of someone else b/c of bad judgment after I have had 2 beers in 1 hour at a restaurant with a meal...

Its an issue of getting in serious trouble and loosing my rights b/c ive had 2 beers at dinner and then happen to have my pistol on my person, in my car.. WHATEVER the situation might be and getting stopped for something minor. It would be an unlucky thing to get nailed on but I decided not to risk it. Now for instance this is a concept my father (69) does not understand however because when he was my age he was studying his ass off from undergrad through grad school hoping not to get shipped to Vietnam. However it feels like my generation(peer group) can't do anything without consuming alcohol.

Ive had a gun at my bedside since I was 18, stayed away from dangerous areas, and I will "transport" my gun too and from ranges or private property in the "appropriate" manner since I have chosen to delay my CHL..

I was told that being caught carrying and having ANY traceable amount of alcohol would not only revoke your chl but land you in jail? Is this incorrect?

All this being said I am taking the class this Sunday.

A side note.. I saw someone post that they were 240lbs and 1 beer does nothing to them. Well I am 6' 200 lbs on the dot... I can't explain it but one day I can have 1 drink (beer/mixed beverage) and I feel nothing... another day I can have the same thing and get a "buzz" It is very strange. Days where one drink gets me going.. I know that a few more is out of the question..

 

[Texas1911]

A side note.. I saw someone post that they were 240lbs and 1 beer does nothing to them. Well I am 6' 200 lbs on the dot... I can't explain it but one day I can have 1 drink (beer/mixed beverage) and I feel nothing... another day I can have the same thing and get a "buzz" It is very strange and I cannot explain it. Days where one drink gets me going.. I know that a few more is out of the question..

There are alot of mechanisms that increase the rate of alcohol absorbsion, some of which are apparent and obvious, and others less so.

It was reinforced in my classes that there is zero legal limit, meaning there is most likely zero tolerance of alcohol in conjunction with carrying. That makes good sense, because frankly if I smell alcohol on someone and they have a firearm, it's not going to exactly put me at ease.

I think it's responsible to waive the drinks when carrying, regardless of what the law may dictate or how one drink affects you. It's not worth the risk.

 

[txinvestigator]

THERE IS NOT A "ZERO TOLERANCE LAW, or policy or anything of that nature. What "risk" is there having a beer with yout steak?

The law is clear. It is illegal to carry while INTOXICATED. Some get confused by a question on the CHL test that is a true or false question; “There is no legal limit of intoxication for a CHL Holder carrying a handgun after drinking alcohol.” The answer is TRUE. There is no legal limit.
There are two definitions of intoxication in Texas;

(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.

The .08% is a presumed level of intoxication, not a "limit". A person below .08% can be intoxicated using definition (A). Since you will not be offered a blood alcohol test for a carrying while intoxicated charge, definition (A) will be used.

The media's misuse of the term "legal limit" is responsible for the confusion with this question. The 08% is not a limit at all. The "legal limit" term is used to describe the BAC of a person involved in a drunken driving offense, but the term is incorrect. A person below .08% can be convicted of DWI. In fact, a person with a ZERO BAC can be convicted. (think drugs).

To prove intoxication the court can establish it under (A), a subjective and more difficult to prove definition, or show that the person had a BAC of .08% or greater. .08% IS intoxicated with no subjectivity. Those things used to describe and establish are things like bloodshot eyes, odor of an intoxicating beverage on your breath, slurred speech, confusion, loss of fine motor skills (having a person fumble to remove their ID from their wallet, or difficulty picking up small objects) staggering or other indications of loss of balance, etc. Generally, none of those alone are sufficient to establish intoxication, but together they do. We all know what a drunk looks like

It is not unlawful to drink alcohol while carrying. The DPS FAQ even states so.

And your license could only be suspended if you were arrested and charged with UCW by a License Holder while intoxicated.

So if you enjoy a beer with your steak you have nothing to fear unless one beer gets you intoxicated.

The wiseness of drinking while carrying is another discussion.

 

[txinvestigator]

How many of you who won't carry a gun because you drink, or won't carry after a beer or two don't think twice about getting behind the wheel of a 2 ton missle and driving it around?

 

[AusTex]

Thanks for clearing that up.. I was miss informed. My father after getting his chl 5+ years ago is the one that told me that. So either he is one that did not understand the question. Or he was looking for an excuse to have me hold off on the CHL. I don't really think that is the case but who knows.

 

[AusTex]

I will. Again though.. I was not afraid of carrying after a drink b/c of impaired judgment.. I was afraid b/c I was told it was illegal to do so. I was told any traceable amount of booze when you are carrying and you are F$^&ed to quote accurately.

The amount of DWI's and the price of DWI's has really really affected my peer groups decisions to drink & drive on any amount of alcohol. I can tell you that after 1 or 2 of our friends got one everyone jumped on the CAB or DD band wagon. I see the point you are making but its true... Its not a fear of dying... or even killing someone else.. its paying $10,000 worth of fee's to the state and lawyers that has really discouraged younger individuals in my opinion.

 

[txinvestigator]

Its not a fear of dying... or even killing someone else.. its paying $10,000 worth of fee's to the state and lawyers that has really discouraged younger individuals in my opinion.

Please don't take this as an attack or insult, but this is really a sad statement on your peer group. It also speaks to how we need to do a MUCH better job raising our kids to be wise, thoughtful and responsible.

 

[AusTex]

I agree completely. But it is obviously the truth as Texas is the number 1 dwi and dwi related deaths state in the nation. If the fear of death is not an effective means to the problem they had to find other ways to deter the behavior. Go interview 100,000 18 year old seniors in high school and ask them what their priorities are going into college. And if damn near %80+ of them didn't say to party I would be surprised. Education is 2nd behind partying at college these days.

I understand that there is an issue and I bring it up because I am still around this type of behavior and I still have the perspective of a young adult in this country (obviously I do not speak for or represent everyone), the topic of this thread instantly peaked my interest because of issues revolving around alcohol and responsibility regardless if it involves firearms, vehicles, you name it..

Educating your children is about the only way to do it because lets get real.. alcohol is not going anywhere anytime soon... and alcohol is one of the largest killers in this country statistically speaking.