My CHL instructor advised us that it is best to treat it as if it were 0.0 just to be safe.
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:
The State only needs to prove one of the three ways beyond a reasonable doubt in order to obtain a conviction.
- 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
Joat
.08 is only intoxicated when addressing the driving while intoxicted statute.
TrueTexas 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
"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
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.
In post #3, the first link does not work.....change of name/and or address.
It worked for me. It pulled up a .pdf, it took a bit as usual with web based .pdf's but it appears to be working.
Odd, still not working for me....
Weird. We are talking about this one right?
[URL="ftp://ftp.txdps.state.tx.us/forms/cr-70.pdf"][URL="ftp://ftp.txdps.state.tx.us/forms/cr-70.pdf"][url]ftp://ftp.txdps.state.tx.us/forms/cr-70.pdf[/URL]
All I did was "copy shortcut."[/URL][/URL]
Your link does not work for me either....
Now, 5 pages later, I'll bold the first thing posted in this thread:
It's not a thread for discussion, just for posting the facts and laws as they relate to CHL's in our state.
Correct the officer may not "arrest" for intoxication, but if you're carrying a CDL and driving a commercial vehicle, the officer only needs a BT refusal or an amount of 0.04% to tag you and your rig out of service for 24 hrs. The CDL is suspended until hearing and the driver gets a temp for 41 days.TX trans.code 524.011(f)
If one is a minor,which means when it comes to alcohol under the age of 21,"ANY detectable amount of alcohol in the minor's system." Thus the minor DUI, since DWI wouldn't apply.This is when an arrest would take place and or the officer issuing a citation to the minor(with promise to appear) and allowng someone else to drive. This doesn't have anything to do with CHL but it does add to the "intoxication" "alcohol" a tad bit.