You, Your CHL, and Alcohol Consumption.

[texas_teacher]

As a CHL holder do you find yourself drinking less out in the general public and doing more of your drinking with friends and family in the comfort of your home or have your habits not changed?

General thoughts?

 

[Buckles]

i was told by my instructor that there is no legal limit while carrying. he said that if you have had any alcohol that you could have your license suspended. so shouldnt that mean we shouldnt be drinking at all while carrying?

 

[texas_teacher]

i was told by my instructor that there is no legal limit while carrying. he said that if you have had any alcohol that you could have your license suspended. so shouldnt that mean we shouldnt be drinking at all while carrying?

That was what I heard via word of mouth as well... I was just seeing what other people's practices were since this was a state with a National Beer...

 

[ftw13]

i don't drink anyways,beers tastes like shit for the most part and so does liquor

 

[San Antone RR]

I brew my own beer, so most of my alcohol consumption is at home. I don't want to have to make that kind of choice and I don't want to be like the poster in the criminality section that left his piece in his friends' car and it got stolen just so he could hit the club.

 

[txinvestigator]

i was told by my instructor that there is no legal limit while carrying. he said that if you have had any alcohol that you could have your license suspended. so shouldnt that mean we shouldnt be drinking at all while carrying?

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.

Texas Penal Code

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

(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.

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

 

[Charley]

Never been a heavy drinker. If I do drink when in public and armed, it is with a meal, and no more than 2 12 ounce beers in an hour or so, and usually one.

 

[Dcav]

Never been a heavy drinker. If I do drink when in public and armed, it is with a meal, and no more than 2 12 ounce beers in an hour or so, and usually one.

+1 Usually a beer with lunch after the meets/shoots.

 

[Charlie]

What texasinvestigator said +1! And remember, "intoxicated" or "under the influence" is NOT determined by the person in question, which means it is determined (initially) by the law enforcement officer that's questioning you.

 

[Outbreak]

If I'm carrying in public, I'll pass on the drinks. Just doesn't feel right. However, I rarely have any problem leaving the gun at home and going out to get sauced. I'm a young single guy in the military. If I'm going out with the guys, I don't bring a gun.

 

[texas_teacher]

What texasinvestigator said +1! And remember, "intoxicated" or "under the influence" is NOT determined by the person in question, which means it is determined (initially) by the law enforcement officer that's questioning you.

Exactly so if you're not engaged in activities that are going to get you questioned then there is the age old mantra of "no harm no foul"

 

[texas_teacher]

Never been a heavy drinker. If I do drink when in public and armed, it is with a meal, and no more than 2 12 ounce beers in an hour or so, and usually one.

And there's nothing, absolutely nothing, wrong with that...

Unless you're a seventy-five pound college cheerleader... Then two drinks with dinner might have you thinking that Ralphie May is a perfect ten...

 

[cuate]

Just my two cents worth: Alcohol does definitly lower one's inhibitions if taken in sufficient amounts. Which can and might include driving without the caution one would normally use, females dropping panties, becoming a motormouth without brain in gear, disregard of society's rules, statutes and laws concerning killing somebody the shooter thinks needs killing, on and on...I rather believe that we pistoleros shouldn't carry in beer joints and honky tonks although I do not frequent either. Lots that do are looking for a fight. That is not to say that I am against alcohol consumption, because I do like beer and enjoy it when it suits me. But I don't drive when enjoying, and don't go zombie hunting at those times. Mostly at home in peace and harmony. My advice when imbibing:
Use your brain, not your mouth or sixgun !!!

 

[cougartex]

Very simple, if you are carrying do not drink.

 

[texas_teacher]

Very simple, if you are carrying do not drink.

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.

 

[Charley]

And there's nothing, absolutely nothing, wrong with that...

Unless you're a seventy-five pound college cheerleader... Then two drinks with dinner might have you thinking that Ralphie May is a perfect ten...

Last time I was 75 pounds was about 5th grade. I'm about 235/240 pounds, and know the effect alcohol has on me. One beer with a meal is essensialy nothing to me, no buzz, no slowing, no physical impairment. If you are not sure of the effect of alcohol on you, or are uncomfortable with it, don't drink alcohol when carrying a weapon.

 

[Texas42]

Drinking out is way to expensive anyways. : )

Free Tails has a deal on wednesday where you get a pitcher of beer and a pizza for just about 20 bucks with tip. This is a micro-brewery and the beer is great. And 2 of these beers is too much to be driving right away. (great date night, btw). I'm 195 lbs and mildly lean (that means I'm not the 180 lbs wrestler I was in HS, but I'm not all puge either).

 

[texas_teacher]

Last time I was 75 pounds was about 5th grade. I'm about 235/240 pounds, and know the effect alcohol has on me. One beer with a meal is essensialy nothing to me, no buzz, no slowing, no physical impairment. If you are not sure of the effect of alcohol on you, or are uncomfortable with it, don't drink alcohol when carrying a weapon.

Exactly... Just know your limits and use common sense... If you're not attracting attention to yourself then there's really not any reason that your level of intoxication will be called into question...

 

[jedwil]

If I'm carrying in public, I'll pass on the drinks. Just doesn't feel right. However, I rarely have any problem leaving the gun at home and going out to get sauced. I'm a young single guy in the military. If I'm going out with the guys, I don't bring a gun.

I can remember being a young, single guy in the military, and getting pretty sauced . Long ago.....Enjoy and be safe. Thanks for your service.

 

[jimbo]

If I'm carrying in public, I'll pass on the drinks. Just doesn't feel right. However, I rarely have any problem leaving the gun at home and going out to get sauced. I'm a young single guy in the military. If I'm going out with the guys, I don't bring a gun.

Thank you for your service to this great country.