Texas CHL Specific Laws

[JKTex]

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.

I hope you haven't taken the class yet. Obviously you haven't read the law, or the several posts above, including the one that say to NOT TO POST ANYTHING IN THIS THREAD.

Can this thing just get locked? It's so old the words must be fading and aren't legible anymore.

[JDar]

Thanks for making me re-read everything three times! So my misinformation was implanted in my brain from the CHL test and not the law. I appreciate your correction.

[txinvestigator]

Originally Posted by JDar

Thanks for making me re-read everything three times! So my misinformation was implanted in my brain from the CHL test and not the law. I appreciate your correction.

The test actually has a question that reads to the effect, "there is no legal limit of intoxication for concealed carry licensees in Texas".

That question is True. There is no legal limit for concealed carry or even DWI for that matter.

[rayj8524]

My CHL instructor advised us that it is best to treat it as if it were 0.0 just to be safe.

[txinvestigator]

Originally Posted by rayj8524

My CHL instructor advised us that it is best to treat it as if it were 0.0 just to be safe.

That is fine for his OPINION, but it is not based in fact. And I disagree with him. If the legislature wanted it that way they would have made it that way.

[TexasT]

sig_fiend on reciprosity map

just curious, not that Ill go there, but would like to, How do we get from here to Alaska with our gun leaglly.

[texascop2]

Originally Posted by Joat

The statute does not specify a limit. The statute reads, in part:

"...commits an offense if, while intoxicated, {emphasis added} the license holder carries a handgun under the authority of . . ."

AND

The legal definition of intoxication in Texas is:

• Having an alcohol concentration of 0.08 or more
• Not having the normal use of 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 substances into the body.
• Not having the normal use of mental 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 substances into the body

The State only needs to prove one of the three ways beyond a reasonable doubt in order to obtain a conviction.



Joat

.08 is only intoxicated when addressing the driving while intoxicted statute.

[txinvestigator]

Originally Posted by texascop2

.08 is only intoxicated when addressing the driving while intoxicted statute.

Well, if a person were charged with UCW by a license holder/intoxication AND somehow were offered a breath test and took it, a .08% would meet the presumed level of intoxication.

As you were alluding, that ain't gonna happen.

[rellik]

Texas DPS teaching is that while carrying a handgun there is "no legal limit of intoxication" they apply they same standard as they would for PI which only states that " any detectable amount of alcohol" is the standard of intoxication, this means if the officer detects alcohol on your breath while you are carrying a handgun with a CHL you are in violation of PC 46.035

[txinvestigator]

Originally Posted by rellik

Texas DPS teaching is that while carrying a handgun there is "no legal limit of intoxication"

True

they apply they same standard as they would for PI which only states that " any detectable amount of alcohol" is the standard of intoxication, this means if the officer detects alcohol on your breath while you are carrying a handgun with a CHL you are in violation of PC 46.035

None of that is true AT ALL.


Good Grief;

There is NOT a "legal limit of intoxication" for ANYTHING in Texas, not even DWI.

There are two definitions of intoxication in Texas;

"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; or
(B) having an alcohol concentration of 0.08 or more

"Having any detectable amount of alcohol" is not ANY standard or definition of intoxication.


.08% is not a "limit" It is a presumed level of intoxication. It means that if a crime has intoxication as an element, having a BAC of .08% is intoxicated. It does not mean that below that level a person is not intoxicated.

For a DWI a person can be convicted at a BAC below .08%. In fact, I obtained such a conviction when I was an officer. A DWI conviction can be had with no BAC (such as when a person refuses to give a sample) or they did not consume alcohol, but some other substance.

For Public Intoxication, the person will not be given a breath or blood test. The officer will still have to use the first definition (A). Additionally, Public Intoxication requires that the officer be able to show that the person was "a danger to himself or others" because of the intoxication.

For a violation of 46.035, intoxication, an officer must have Probable Cause to believe you are intoxicated, and must be able to articulate that. Simply that "the officer detects alcohol on your breath " is insufficient for an arrest in and of itself.

It is not a violation to consume while carrying in Texas. Even the DPS FAQ tells you that;

Q:

Can I carry a handgun if I am drinking alcohol?

A:

"Carrying" while drinking is not prohibited, but it is a criminal

offense to carry while intoxicated.