Conceal and carry at the Rodeo?

[txinvestigator]

I'm too lazy to look up the CHL concerning carrying while "under the influence" or "intoxicated" 'cause I'm almost positive somebody else will look it up and post it here. Most of the time it's gonna' be the discretion of the officer one is dealing with based on the actions of the person they are dealing with as to the level of intoxication. Things may turn out different later in front of a judge, but on the street..............just sayin'.

The penal code makes it unlawful for a CHL holder to carry while intoxicated. Nothing prevents a person from consuming alcohol while carrying, you just cannot drink to the level of intoxication.

 

[barstoolguru]

Also wrong.

where is the proof. the handgun book says it is 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.

intox is .08 in the state of texas

I don't mean to pick on you or be mean to you, but clearly you do not have a valid understanding of the CHL laws. That does not make you a bad person and is not a criticism directed at you. However, you should not be posting your mistaken facts. Many people come to this site for accurate information, and we have a responsibility to provide them that.

and you are correct I am here to learn and avoid trouble. the book along along what I have been told is very confusing that is why I am asking. ( the chl teacher was not good with what he taught)

 

[DoubleActionCHL]

where is the proof. the handgun book says it is 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.

intox is .08 in the state of texas

That's only one definition.


Sec. 49.01. DEFINITIONS. In this chapter:
(1) "Alcohol concentration" means the number of grams of alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine.
(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.

 

[Texan2]

That's only one definition.


Sec. 49.01. DEFINITIONS. In this chapter:
(1) "Alcohol concentration" means the number of grams of alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine.
(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.

Are we discussing a violation of chapter 49? If not this definition does not apply.

 

[Texan2]

intox is .08 in the state of texas

Only for the purposes of driving a motor vehicle, airplane, boat or operating an amusement ride.

 

[DoubleActionCHL]

Are we discussing a violation of chapter 49? If not this definition does not apply.

Section 46.035 does not define "intoxicated." I was pointing out that there is more than one definition of "intoxicated."

Another definition:

46.06(b) In this section:
(1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body.

 

[txinvestigator]

where is the proof. the handgun book says it is 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.

intox is .08 in the state of texas




and you are correct I am here to learn and avoid trouble. the book along along what I have been told is very confusing that is why I am asking. ( the chl teacher was not good with what he taught)

.08% has nothing to do with UCW-Intoxicated. You will not be offered a breath test and no one is required to do so. The other definition, which has been posted on this thread at least three times.

 

[Texan2]

Gotcha. A common mistake is for folks to think that .08 is intoxicated for all offenses. Each chapter has different definitions.

 

[barstoolguru]

See now you open up a can of worms... if there is no defendedlevel of intoxication while carrying then who is to say you are? There is falling down drunk, walking drunk and buzzed drunk. Where is the court to defined the difference; by the option of the officer? We see how that can vary from person to person so there must be some guild line to go by. If I am in a shooting and the office says I was drunk what do you have to measure this by? Is there any tool of measurement by as far as ccw goes or is it word of mouth?

 

[DoubleActionCHL]

Your friendly arresting officer will kindly let you know that you're intoxicated.

 

[txinvestigator]

See now you open up a can of worms... if there is no defendedlevel of intoxication while carrying then who is to say you are? There is falling down drunk, walking drunk and buzzed drunk. Where is the court to defined the difference; by the option of the officer? We see how that can vary from person to person so there must be some guild line to go by. If I am in a shooting and the office says I was drunk what do you have to measure this by? Is there any tool of measurement by as far as ccw goes or is it word of mouth?

If you are in a shooting ; being intoxicated does not, in and of itself, affect any justification you may have.

Being intoxicated could cause you to make a bad decision and shoot when you are not justified.

Everyone knows what a drunk looks like. If you have a beer with your steak no cop is even going to know you are carrying, and there is no reason for one to pay any attention to you. If you become intoxicated to the point where you get the attention of a cop, you have problems regardless.

Btw, buzzed drunk is drunk.

 

[espy59lc]

 

[Bithabus]

where is the proof. the handgun book says it is 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.

intox is .08 in the state of texas




and you are correct I am here to learn and avoid trouble. the book along along what I have been told is very confusing that is why I am asking. ( the chl teacher was not good with what he taught)

.08 only applies for DWI.

And then, BAC of .08 is not necessary.

 

[Texan2]

Having the term "barstool" in your screen name doesn't help your case.

 

[barstoolguru]

thanks for clearing that up for a minute there I though I was going to have to give up my blunts and pain pills too