Alcohol in your system while carrying

[RACER X]

Can somebody clarify how alcohol and guns “mix”

My recollection was that you couldn’t be drunk while carrying, but somewhere else a fella said he was told in class that you couldn’t “have alcohol in your system”




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[Charlie]

Somebody will know for sure and enlighten us. Offhand, I say one would be within the law if one was not "under the influence" (which can be kinda' vague!). But that's only a guess.

 

[RACER X]

I agree about vague

Prob the .08 like driving

But never heard in your system before


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[majormadmax]

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
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.

 

[Shady]

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.

 

[Charlie]

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.

Yep!

 

[dermunkee]

There is no legal limit while carrying OR if you're driving and have an LTC and have a firearm in your car whether or not it is on your person.
A good friend of mine is going through legal hell in Harris County right now because of the last situation.

 

[Charlie]

I you're going out to have a few drinks, let your designated driver do the driving AND carrying.

Edit to add.....Or .... you could just tell the cop you've only had a "couple" of beers! That always works, right!

 

[Younggun]

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.

This really isn't a whole lot different than laws regarding driving under the influence. Maybe not at all.

 

[DwnRange]

As a former DPS certified CHL instructor I called Austin CHL division when this question came up in one of my classes. Here is what I was told:

IF the officer testifies in court that he "smelled" alcohol on your breath and follows up by reporting it to the DPS CHL division in Austin, chances are very good that CHL holder would lose their CHL license for a minimum of 1 year - JUST ON "HIS" WORD, no matter what ya "blew" - and that after 1 year they could retake the course (provided there were no issues within that year) and have their CHL license re-instated.

I act accordingly, as ya never know......, the officer that get's ya in his sight might just be having the worse shift ever.......

 

[TexasBrandon]

Golden rule, leave it at home if you plan on having any amount of alcohol. One drip is enough to get you into a court room.

 

[diesel1959]

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.

There's the per se intoxication--meaning BAC level at or above the .08 mark. But facts and circumstances can very well indicate actual intoxication at a much lower level of BAC, and the officer would have to testify as to what caused him/her to feel that there had been a loss of use of mental and/or physical faculties due to introduction of an alcoholic beverage into the body such that the person was a danger to themself and/or others.

Of course, the previous paragraph refers to if the person is driving/flying/boating. For instance, there is no BAC for public intoxication and no person(s) suspected of PI can be taken to an Intoxilyzer in this State. Some departments carry portable PBTs (portable breath testers); however, they are no evidentiary value. PI is all fact/circumstance based and not BAC based.

 

[Wildcat Diva]

So, husband and I like to go to the deserted beach where it’s only 4 wheel drive trucks and such can get out there and watch the stars and the waves,make a fire and have a few drinks and snuggle and maybe camp out.

In this scenario... unwise to be packing?

I just can’t consider thinking “oh no, we are drinking some beers at the deserted campsite, must leave pistol at home.”
Too vulnerable.

It’s a great idea to separate them in theory. Not sure how much fun I want to give up to feel completely safe.

Probably there people thinking like me are sorry later for their choices... but life is short.

 

[Byrd666]

During my CHL class, well over a decade ago, this question was brought up. The simple answer was "Don't. Period." Now granted, laws have changed and new laws have been added, but, I'm thinkin' the answer to the question from my instructor still stands. Don't.

ETA: - Not saying I've always followed that guidance but unless I'm on my own property, I've followed it pretty closely.

There are just times and occasions when not having an available firearm could be highly detrimental and dangerous to my health.

 

[leVieux]

So, husband and I like to go to the deserted beach where it’s only 4 wheel drive trucks and such can get out there and watch the stars and the waves,make a fire and have a few drinks and snuggle and maybe camp out.

In this scenario... unwise to be packing?

I just can’t consider thinking “oh no, we are drinking some beers at the deserted campsite, must leave pistol at home.”
Too vulnerable.

It’s a great idea to separate them in theory. Not sure how much fun I want to give up to feel completely safe.

Probably there people thinking like me are sorry later for their choices... but life is short.

 

[leVieux]

Exactly

 

[Jack Ryan]

“I would not put a thief in my mouth to steal my brains.”

 

[diesel1959]

So, husband and I like to go to the deserted beach where it’s only 4 wheel drive trucks and such can get out there and watch the stars and the waves,make a fire and have a few drinks and snuggle and maybe camp out.

In this scenario... unwise to be packing?

I just can’t consider thinking “oh no, we are drinking some beers at the deserted campsite, must leave pistol at home.”
Too vulnerable.

It’s a great idea to separate them in theory. Not sure how much fun I want to give up to feel completely safe.

Probably there people thinking like me are sorry later for their choices... but life is short.

I'd say "don't sweat it" in the scenario you just described.

 

[locke_n_load]

It is all interpretation of the law. But the way I see it, if any amount could make you lose your normal physical or mental faculties, then there would be no reason to have a BAC limit of .08. It would read .01. Now some people can be stupid below .08, but I don't think a beer or even two would make most people who carry lose their rationale.
Do I tell my students that, no. I tell them if they want an answer on drinking or carrying they should consult a lawyer. I would not throw away my main means of defense just because I had a beer at chilis, but that is me personally.
Texas LTC Instructor.

 

[locke_n_load]

Further, just like getting pulled over and charged with a DWI/DUI if your BAC is under .08, the officer/DA would have to prove that you had lost your normal mental/physical faculties. If you aren't being an idiot, they won't have that either.