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Alcohol in your system while carrying

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  • RobertTheTexan

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    Texas Penal Code §46.035 states that it is unlawful for an individual who is intoxicated to carry a handgun. It is important to note that the Penal Code defines “intoxicated” as 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 in the body; or having an alcohol concentration of .08 or more.

    Source: https://www.dps.texas.gov/RSD/LTC/faqs/index.htm
    Here are the corresponding laws...

    Texas Penal Code §46.035:
    (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.

    Texas Government Code §411.171:
    (4)(6) "Intoxicated" has the meaning assigned by Section 49.01, Penal Code.

    Texas Penal Code §49.01:
    (2) "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.

    And this is why we think you are "The Man". Well at least I do. :) Thanks for bringing ground truth. Too much barracks lawyerin' these days.
     

    RobertTheTexan

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    In my class (2-3 yrs ago) it was stated “no alcohol” in your system. That’s what I go by. If I want to have a drink I lock up my weapon in the trunk. It’s easy.
    I'm not a big drinker, meaning I don't get drunk, so not much to worry about. Those times I might have a beer or a glass of vino or two, I don't disarm - but I also know that I do not go past my limits.
     

    ZX9RCAM

    Over the Rainbow bridge...
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    I'm not a big drinker, meaning I don't get drunk, so not much to worry about. Those times I might have a beer or a glass of vino or two, I don't disarm - but I also know that I do not go past my limits.

    The problem with that, I would think, is you don't get to choose your limit.
     

    Partock

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    Personally, I follow the PPP.
    Posterior
    Protection
    Protocal

    If i'm out, I don't drink. I try to keep it simple and since I almost always go out with the wife, I let her do the drinking. I'm already paranoid and don't need the drink to think about too.
     

    OldCurlyWolf

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    so that basically says If the cop thinks you are intoxicated it don't matter what your % is he can haul you in and let the courts decide.
    He can also arrest you for Public Intoxication without anything in your system and doesn't have to let you take a breathalyzer or blood test to prove you don't have anything in your system. Don't get mouthy in the street. Do it later with a formal complaint. Preferably one where you have recorded everything.
     

    ZX9RCAM

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    Not sure I agree with that. I absolutely have a limit. Two. Two beers or two glasses of vino. Don't drink hard liquor anymore. Last year I had 3 beers. I think I'm GTG. :):peace:

    I was meaning, you don't get to decide what makes you "under" an officers limit.
    They get to decide, regardless of how much you actually drank.
     

    TheDan

    deplorable malcontent scofflaw
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    Can somebody clarify how alcohol and guns “mix”
    Kinda like pool or any other skill. A couple drinks helps you get into a flow state improving accuracy and reaction time, but it's a fine line.

    ballmer_peak.png
     

    easy rider

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    First off, alcohol affects individuals differently, so to say a certain percentage would be beneficial depends on the person.
     

    Younggun

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    First off, alcohol affects individuals differently, so to say a certain percentage would be beneficial depends on the person.

    In general, a certain amount of alcohol in your system can improve certain function.

    Ben has a much better explanation of the effect and it's really not all that hard to believe. It's certainly not "drink a 6 pack and become Superman" effect. Not even close.
     

    easy rider

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    Although I will admit that alcohol can stimulate (calm) your nerves. There are many techniques other than alcohol or drugs that can do the same. If a person gets to the point where they believe that can only happen with a few drinks, that's the first stages of alcoholism.
     

    Younggun

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    Although I will admit that alcohol can stimulate (calm) your nerves. There are many techniques other than alcohol or drugs that can do the same. If a person gets to the point where they believe that can only happen with a few drinks, that's the first stages of alcoholism.

    I think you are reading way more in to this than what has been stated.
     
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