Texas CHL Specific Laws

[JDKRIEK]

Originally Posted by InHouston

What I'm wondering is, my CHL instructor told me that the legal alcohol limit for concealed carry is 0.0. However, I can't find that anywhere in the CH laws. Therefore, does that mean when I'm carrying, that the normal alcohol limit applies to me as well? I don't carry my weapon while I'm intoxicated, but often I've had a beer or two after work, or after going out for dinner, and I wonder ... I just wonder.

This is what I was told as well by my CHL instructor - and drew the same conclusions.

[Joat]

Sorry

[Sig_Fiend]

Guys (and gals), in the future if you have questions like this, please post another thread under the legislation section and then once someone points out the actual statutes, Texas state codes, etc on the subject then we'll add it to this thread. I want to keep discussion out of this thread so that people can get straight to the meat and potatoes on the issues without having to wade through anything. :)

[DocRod]

When taking my CHL class, we were told by a DPS officer/instructor from Austin that a CHL is allowed 0% alcohol when carrying. There is a no tolerance policy that is strictly enforced. I even wrote that down in my notes during the class. In the 2005-2006 CHL handbook it states that it is illegal to carry a firearm when intoxicated (as per the penal code), but my instructor told us that DPS officers and most police officers consider any blood level of alcohol as intoxicated when you are being detained for breaking a law (including speeding, etc.), and a weapon is present - so you will go to jail.

Now, you can get a lawyer and fight it, and you may or may not win your case, but is it worth that to drink one beer? Not for me it's not! I have much better things to do with my money than spend it battling in court for drinking a beer!

[txinvestigator]

Originally Posted by DocRod

When taking my CHL class, we were told by a DPS officer/instructor from Austin that a CHL is allowed 0% alcohol when carrying. There is a no tolerance policy that is strictly enforced. I even wrote that down in my notes during the class. In the 2005-2006 CHL handbook it states that it is illegal to carry a firearm when intoxicated (as per the penal code), but my instructor told us that DPS officers and most police officers consider any blood level of alcohol as intoxicated when you are being detained for breaking a law (including speeding, etc.), and a weapon is present - so you will go to jail.

Now, you can get a lawyer and fight it, and you may or may not win your case, but is it worth that to drink one beer? Not for me it's not! I have much better things to do with my money than spend it battling in court for drinking a beer!

That is incorrect. It is not true that DPS Officers and Most Police Officers consider any blood level of alcohol as intoxicated. Due to the media and the different laws, many people misunderstand this.

The law clearly makes it illegal to carry while intoxicated.

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.

So what is intoxicated? The test has a question referencing that there is no "legal limit" of intoxication for carrying a firearm while intoxicated. That is true.

The term "legal limit" is usually applied to DWI cases, and is misused by the media. The term legal limit would seem to imply that there is some magic number, below which you are not intoxicated, and above which you are. That is only partially true. In Texas, ONE definition of intoxication is having a blood alcohol concentration of .08% or greater. The DWI laws requires that a person arrested for DWI submit a blood or breath test. If the person shows a BAC of .08% or greater, then the person is presumed to be intoxicated.

However, there is another definition of intoxicated in the penal code, it is;

""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"

So, even if a person has a BAC of less than .08% a conviction for DWI is clearly possible. In fact, I had an Alcohol DWI conviction below the "legal limit" when I was a cop, and I had a ZERO BAC conviction as the guy was on heroin.

A carrying while intoxicated charge will not get you a breath test. It is not required by law. A LEO will use the other definition. That means intoxication is subjective. Impairment has to be shown. I have been an instructor for 8 years, and I have NEVER heard DPS indicate anything contrary to the above. In fact, they have never spoken about zero tolerance, nor would they as it is not true.

It is clear that there is no "zero tolerance" and no such restriction in the law. Whether it is smart to drink and carry is a matter of individual opinion, but not law. You can drink while carrying, you just cannot be intoxicated.

[JKTex]

Originally Posted by HK_Fiend

Guys (and gals), in the future if you have questions like this, please post another thread under the legislation section and then once someone points out the actual statutes, Texas state codes, etc on the subject then we'll add it to this thread.......

Originally Posted by DocRod

When taking my CHL class, we were told by a DPS officer/instructor from Austin that a CHL is allowed 0% alcohol when carrying. There is a no tolerance policy that is strictly enforced. I even wrote that down in my notes during the class. In the 2005-2006 CHL handbook it states that it is illegal to carry a firearm when intoxicated (as per the penal code), but my instructor told us that DPS officers and most police officers consider any blood level of alcohol as intoxicated when you are being detained for breaking a law (including speeding, etc.), and a weapon is present - so you will go to jail.

Now, you can get a lawyer and fight it, and you may or may not win your case, but is it worth that to drink one beer? Not for me it's not! I have much better things to do with my money than spend it battling in court for drinking a beer!

That's the reply right above yours....from 7 months ago, asking no questions be posted in this thread.

For those that won't read the law or have been willingly lead down the wrong path, it's worth starting a new thread, but you really got to pay closer attention.

Since this is intended to be an informational reference thread, maybe it would be a good idea to close it to the general membership for posting.

[toobs4us]

My check was deposited on 11/5/2008 and it's now 1/17/2009. I received a letter from the state that my application was not filled out correctly, and that I need to make some specific corrections. I did so and mailed it off on 12/15/2008. My PIN loggin still indicates that my application is still processing. What could be taking so damn long? The beaucracy?

[txinvestigator]

Originally Posted by toobs4us

My check was deposited on 11/5/2008 and it's now 1/17/2009. I received a letter from the state that my application was not filled out correctly, and that I need to make some specific corrections. I did so and mailed it off on 12/15/2008. My PIN loggin still indicates that my application is still processing. What could be taking so damn long? The beaucracy?

From the site admin, 4 posts above yours;

Guys (and gals), in the future if you have questions like this, please post another thread

[JDar]

Your instructor was correct--the TX CHL regs state that there is no acceptable alcohol level in a person exercising the privileges of his permit.

[txinvestigator]

Originally Posted by JDar

Your instructor was correct--the TX CHL regs state that there is no acceptable alcohol level in a person exercising the privileges of his permit.

No, that is wrong. Read my post above.