Alcohol in your system while carrying

[V-Tach]

It is my understanding, that if an LEO believes you are impaired (drugs or alcohol) and carrying a firearm, he could take you in. Impaired, not intoxicated. Intoxicated will definitively get you a free ride. If they claim you are impaired, you may beat the rap, but would still get the free ride.....

Not illegal to have some alcohol while carrying, but not a good idea, imho...

 

[NavyVet1959]

I stumbled across an interesting table on the Texas ABC site awhile back that basically told you how many beers you would need to consume within an hour to be over the legal limit. It took into account sex and weight. For me, I would have to drink 5+ beers within the first hour to achieve that. Although it's *possible* that at one time, I might have been able to manage that, these days, I just can't drink that fast. Maybe because I drink better quality beer these days...

Life is too short to drink crappy beer...

 

[leVieux]

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.

But, a legal defense can be expensive. And even if found "not guilty', one gets to keep an arrest record. In "Texas", a GUILTY person can get the entire episode "quashed" by the Judge, but an INNOCENT (NOT Guilty) party keeps the stigma of the false arrest forever.

When I was an Emergency Physician, I saw completely sober people, proven by official blood tests done in reputable hospitals, and detailed neurological exams done by physicians, plead "Guilty" because of the high costs of a defense.

leVieux

 

[avvidclif]

I stumbled across an interesting table on the Texas ABC site awhile back that basically told you how many beers you would need to consume within an hour to be over the legal limit. It took into account sex and weight. For me, I would have to drink 5+ beers within the first hour to achieve that. Although it's *possible* that at one time, I might have been able to manage that, these days, I just can't drink that fast. Maybe because I drink better quality beer these days...

Life is too short to drink crappy beer...

Ah, A PBR survivor

 

[easy rider]

It all boils down to how much are you willing to lose. Going to court and even winning is a loss to me, in time and money. If you lose in court, it can be much higher. I will say, although I didn't live in Texas at the time, that when I was younger I did carry after drinking, but I put that down to stupidity and the times. In this day and at my age, even if I was still drinking, I wouldn't chance it, too much to lose.

 

[Recoil45]

While having one beer at dinner in a restaurant is likely ok, I put this into “it’s just not worth it” category.


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[diesel1959]

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.

The fact is that a person can LEARN to be a drunk with a high tolerance and "mask" some of the signs of intoxication. And then you've got the 98 pound 18-year-old female who can't handle one stiff drink. Alcohol actually does affect folks differently and in different amounts. But, like one learns in SFST certification--the eyes don't lie.

 

[NavyVet1959]

My wife can't handle alcohol. Just a small glass of wine gets her blitzed. For me, a 12 oz glass is just like drinking a soda, no big deal. My wife learned her lesson many years ago. The end result of that one small glass of wine was me...

"Baby, it's cold outside..."

 

[BRD@66]

I stumbled across an interesting table on the Texas ABC site awhile back that basically told you how many beers you would need to consume within an hour to be over the legal limit. It took into account sex and weight. For me, I would have to drink 5+ beers within the first hour to achieve that. Although it's *possible* that at one time, I might have been able to manage that, these days, I just can't drink that fast. Maybe because I drink better quality beer these days...

Life is too short to drink crappy beer...

But you only burn off the alcohol from one beer per hour. And it's much easier to drink 9 beers (or 9 mixed drinks) in 3 hrs or 10 in 4hrs, etc, than 6 in one hr. That's what gets people in trouble. And you're right about that being a youngsters game.

 

[stdreb27]

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.

Exactly.


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[Texan-in-Training]

I think that far worse than the "carrying with alcohol in your system" scenario would be the situation where you were forced to use your weapon for self-defense while alcohol was in your system. I think the lawyers would "pick your bones clean". And I'm not sure any of the self-defense legal retainer policies like Texas Law Shield would cover you.

 

[Wildcat Diva]

I’m not sure I’m ready to say I will never enjoy drink again, even in my own home, becuase I might have to draw down to defend myself.

That stinky burning smell is my freedom being snuffed out. I don’t want to completely pick one or the other. Not that I want to combine them both, but let’s consider real life here.

I’ll just mitigate the risks the best I can and not be stupid.

 

[Texan-in-Training]

I’ll just mitigate the risks the best I can and not be stupid.

I'm not suggesting that anyone do anything other than that (he sez with a beer next to the keyboard). If I'm home or camping, it's my fortress and will be defended. Just pointing out what I suspect would be the reality... carrying in public, having to defend yourself, and having alcohol show up.

 

[Jon Payne]

The actual Penal Code was quoted and yet the bs still flows. Amazing.


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[ZX9RCAM]

What about sitting at home, enjoying some drinks, and somebody kicks your door in and you defend yourself?

 

[Wildcat Diva]

The actual Penal Code was quoted and yet the bs still flows. Amazing.


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Of what specific bs do you speak?

 

[jmohme]

It's pretty simple. I don't drink until I am at home for the evening and thus never have to worry about alcohol in my system while carrying.
To me it is just not worth the risk.

 

[NavyVet1959]

What about sitting at home, enjoying some drinks, and somebody kicks your door in and you defend yourself?

That's why you should keep a couple of 55g drums handy around the house and a bag of lime...

 

[majormadmax]

It's pretty simple. I don't drink until I am at home for the evening and thus never have to worry about alcohol in my system while carrying.
To me it is just not worth the risk.

And, as was asked, what do you do after you've "had a few" and someone tries to forcibly make entry into your domicile? Do a few drinks negate your right to self defense? I surely hope not!

 

[Charlie]

What about sitting at home, enjoying some drinks, and somebody kicks your door in and you defend yourself?

"Somebody..." will likely get hurt.