Alcohol in your system while carrying

[TheDan]

a funny cartoon, but I believe only alcoholics call that fact.

Yeah the cartoon is funny, but alcohol's influence on performance is testable and verified. Most tend to focus on when a person has had too much, tho.

Forgive a sober alcoholic not wanting others to take alcohol nonchalantly.

I can appreciate that perspective. Please understand that for many people it's not a binary proposition. It is possible to have just one or two drinks, gauge ones response, and meter accordingly.

I've been fascinated by doping...

Look up micro dosing of psilocybin. Newish trend for cyber athletes, cage fighters, and even Joe Blow software engineers. Seems like the fictional drug from Limitless might be real...

 

[benenglish]

Seems like the fictional drug from Limitless might be real...

I've never had a chemical addiction problem. I can take it or leave it when it comes to alcohol, painkillers, etc. They can be fun when prescribed or in small amounts but I can't do any of them multiple days in a row. I just get sick and don't want it.

That said, the "fictional drug from Limitless" is something very different and far too tempting.

 

[ZX9RCAM]

But, even having a prescription for whatever drug might be in your system is not going to help, correct?
It makes the drug in ones system "legal", but you would still be considered "under the influence", would you not?

 

[cycleguy2300]

But, even having a prescription for whatever drug might be in your system is not going to help, correct?
It makes the drug in ones system "legal", but you would still be considered "under the influence", would you not?

I suggest you start by reading the actual laws in question and maybe some case law instead of your internet lawyers blogs.

(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 or carried in a shoulder or belt holster.

Why is that so to understand. It's in pretty plain english. No where does it mention "under the influence". Would you be safe to drive?

If you are a danger to your self or others due to your intoxication you are PI. If you also happen to have a gun you are PI and UCW.

Cops don't get to just arrest people for PI just because they are being jerks. They still have to get a judge to sign a Probable Cause affidavit describing the actions, behavior and observations that would make it probable that the person was intoxicated, it's not like you get to just make stuff up.

If there is a warning about driving on your pill bottle, take it seriously. And if your judgement or reactions are so impared that you are not safe to drive, you should strongly consider not carrying your pistol anywhere but your house.

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[ZX9RCAM]

What's the definition of "intoxicated" when it comes to prescription drugs?


ETA: I apologize for the earlier stupid question.

 

[Jon Payne]

What's the definition of "intoxicated" when it comes to prescription drugs?


ETA: I apologize for the earlier stupid question.

The definition for intoxication doesn't change.

 

[majormadmax]

What's the definition of "intoxicated" when it comes to prescription drugs?

See post #4 on the first page of this thread...

https://www.texasguntalk.com/threads/alcohol-in-your-system-while-carrying.84501/#post-1682575

 

[ZX9RCAM]

So, is a blood draw typical after a SD shooting, or only if one "appears" intoxicated.

 

[cycleguy2300]

What's the definition of "intoxicated" when it comes to prescription drugs?


ETA: I apologize for the earlier stupid question.

Hey no worries, sometimes we all have a hard time knowing how to word a question...

In Texas law, Intoxicated means the loss of normal mental or physical facilities due to the introduction of any substance into the body.

I have made DWI arrests on Xanax, PCP, sleeping pills and marijuana on people with little or no alcohol in their system.

Many years ago I had my wisdom teeth out. It was late at night and I decided to take one of the vicodin I was prescribed. I couldn't sleep so I played Call of Duty for a little bit. I didnt think I was messed up, I didn't feel messed up, but I got my butt handed to me. I just couldn't react fast enough. Anecdotal, but a good lesson for me.

There is no set limit on how many bars you can take and be safe to drive or carry.

You're and adult and have the freedom to make ypur own decisions about carrying when having a drink or two or taking a pain pill. I and others try not to screw with LTC'rs if we can help it, but I dont want to see you make a decision that can have long term negative consequences without your full knowledge.

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[cycleguy2300]

So, is a blood draw typical after a SD shooting, or only if one "appears" intoxicated.

I'm not saying a PC affidavit to get a warrant for it couldn't be written, but I have never heard of one.

I am no lawyer, but after the point of pulling trigger, "objective reasonableness" for the use of deadly force is likely your biggest worry, a cheesy misdemeanor for UCW-LH vs a felony for Manslaughter...

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[ZX9RCAM]

I would have expected it to be just a part of the process, after the fact.

 

[TheDan]

There is no set limit on how many bars you can take and be safe to drive or carry.

I don't think even Andre the Giant could take a whole bar and still be ok to drive.

 

[BRD@66]

Dan'l Boone could'a done it.

 

[TheDan]

Dan'l Boone could'a done it.

Good thing about "driving" a horse when you're drunk is the horse probably knows the way home.

 

[LOCKHART]

I've had 3 different CHL instructors in my 19 years of LEGALLY carrying concealed, and ALL of em said in class: "If you are going out drinking, leave your damn gun at HOME!". Sounds pretty straight forward to me.

 

[majormadmax]

I've had 3 different CHL instructors in my 19 years of LEGALLY carrying concealed, and ALL of em said in class: "If you are going out drinking, leave your damn gun at HOME!". Sounds pretty straight forward to me.

While good advice, that's not what the law states. I posted what the statutes say in post #4. As far as I am concerned, that's what matters; not some CHL instructors opinion...

 

[candcallen]

Impairment is relative. I will refer you to inspector Callahan when he so wisely said "A man's got to know his limitations" and to Hondo when he said "A man outta do what he thinks is best".

I would never drink when I carry. To me that's retard roulette. That is leaving only one empty. If you ever need to defend yourself, being under the influence will be used against you.

It's just a stupid idea. Even if it doesn't impair your decision making skills, that's one huge if and one that you will have a difficult time proving if at all, it will diminish your reflexes and may cost you or a loved ones lives or serious injury. Too many of us go around with our heads up our arss or get complacent around family friends or places we feel comfortable, so why give the bad guys a head start?

Again you do what you think is best. Own what ever happens cause you bought the responsability for playing the stupidest of games. Here hold my beer....

 

[LOCKHART]

Exactly!

 

[BillFairbanks]

IMO, there's a big difference in hitting the bars and having a bunch of drinks and going out to dinner and having a couple of beers or glasses of wine.

If an attorney asks me if I was impaired by a glass of wine my reply would be, "well, I hit him didn't I."

 

[Wildcat Diva]

I live my life... my gun is never far away these days, and I thank God for that.

To say that my life never meshes with a beer... well I can’t say that to be the case.

Handling a gun while plastered is certainly the furthest thing from responsible. I don’t do that.


Yet sometimes there is a beer or two. Let’s not pretend my gun is nowhere to be found if needed. Probably it’s not needed but seriously... life is happening 24/7. And I’ll defend life if needed, whereever I am, if it comes to it.