texas_teacher
Well-Known
Thank you for your service to this great country.
+1
Thank you for your service to this great country.
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.
Absolutely correct. The definition of intoxication includes controlled substances and drugs.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.
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
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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 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.
I agree, it's never a good idea to mix alcohol and guns....pretty much never.
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.
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
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..
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.