DWI with firearm in your vehicle?

[ChrisS]

if by "getting intoxicated" you mean any BAC at a .02 then I'll accept the "fix" A beer or two may be ok.

 

[txinvestigator]

if by "getting intoxicated" you mean any BAC at a .02 then I'll accept the "fix" A beer or two may be ok.

No, I don't mean a BAC at .02%. Penal code 46.02 states a person commits an offense if he carries a handgun under his CHL while "intoxicated". There is no law prohibiting one from drinking while carrying. You can find the definition of intoxicated in PC 49.01

 

[ChrisS]

I know what the law says,
(2) "Intoxicated" means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol

and I also know that scientific evidence and studies indicate that your judgement is the first thing to be affected by alcohol. So, my opinion is that at a BAC of .02 you are "intoxicated" as your mental judgement is impaired. We should hold ourselves to a higher standard when we carry, which brings me back to my original statement that we should not drink.

 

[centexshooter]

Your "intoxication" level, if confronted, is at the discretion of the officer involved. Is it worth the hassle and possible expense involved? It's simple, in my humble opinion. Going to drive? Going to carry? DON'T DRINK!

 

[jordanmills]

Little fix there.....

Thank you.

 

[jordanmills]

Your "intoxication" level, if confronted, is at the discretion of the officer involved. Is it worth the hassle and possible expense involved? It's simple, in my humble opinion. Going to drive? Going to carry? DON'T DRINK!

I'm not going to leave my balls hanging out because I want to have one glass of beer with lunch. Too bad.

 

[Younggun]

If your balls are hanging out, you have had WAY too much to drink and will probably be in trouble regardless of whether you are carrying a firearm.

 

[Younggun]

I know what the law says,
(2) "Intoxicated" means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol

and I also know that scientific evidence and studies indicate that your judgement is the first thing to be affected by alcohol. So, my opinion is that at a BAC of .02 you are "intoxicated" as your mental judgement is impaired. We should hold ourselves to a higher standard when we carry, which brings me back to my original statement that we should not drink.

Any scientific evidence that at .02 there is any measurable impairment of judgment, or are you just making things up as you go?

 

[txinvestigator]

I know what the law says,
(2) "Intoxicated" means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol

and I also know that scientific evidence and studies indicate that your judgement is the first thing to be affected by alcohol. So, my opinion is that at a BAC of .02 you are "intoxicated" as your mental judgement is impaired. We should hold ourselves to a higher standard when we carry, which brings me back to my original statement that we should not drink.

If you know the law then you also "know" that you did not include the entire definition. Honesty is important in a conversation.

There is a ton of case law on what is probable cause for intoxication.

It may be your OPINION that one should not drink when carrying, but it is not fact nor supported by law. And for disclosure, I do not drink.

 

[Sapper740]

I have an idea. If you must drink, don't carry and don't drive. It's one of my rules . I do drink but never until I'm where I plan to lay my head for the night. Otherwise, I'm armed and sober. It's simple and responsible. If you have a Texas CHL, the instructor told you what the consequences may be. You may or may not think it fair, but "It is what it is". Blaze away. I'm way too old to give a damn what irresponsible folks think.

Sometimes the simplest solution is the best.

 

[GPtwins]

I was on jury selection for a DWI case. It was the young fellow's second offence. I was not selected for the case. Leading up to jury selection the court and attorney's bombarded us with the definition of intoxication. There was one fellow, an engineer, that could not get past the blood-alcohol content (BAC) test. There are other measures for the officer to make an arrest for suspected DWI as TXI laid out for us here. Once the officer makes the arrest and the DA decides to press charges, it is up to the jury to decide guilt. Not the officer, not that DA.

It sounds to me as though the officer did the job as prescribed.

 

[Saltyag2010]

I was on jury selection for a DWI case. It was the young fellow's second offence. I was not selected for the case. Leading up to jury selection the court and attorney's bombarded us with the definition of intoxication. There was one fellow, an engineer, that could not get past the blood-alcohol content (BAC) test. There are other measures for the officer to make an arrest for suspected DWI as TXI laid out for us here. Once the officer makes the arrest and the DA decides to press charges, it is up to the jury to decide guilt. Not the officer, not that DA.

It sounds to me as though the officer did the job as prescribed.

I don't drive if I've been drinking. It's a hard concept to understand but you either bring a pillow and sleeping bag or a driver.

 

[GPtwins]

I don't drive if I've been drinking. It's a hard concept to understand but you either bring a pillow and sleeping bag or a driver.

Good advice.

 

[jordanmills]

If your balls are hanging out, you have had WAY too much to drink and will probably be in trouble regardless of whether you are carrying a firearm.

but it's nice and breezy

 

[jordanmills]

I don't drive if I've been drinking. It's a hard concept to understand but you either bring a pillow and sleeping bag or a driver.

They'll still charge you for DWI for sleeping in your car.

 

[Mike_from_Texas]

As a tag into this, my recently turned 21 daughter got pulled over for DWI. Pretty sure she's going to be convicted.

Am I reading right that it is 5 years after the conviction before she is eligible to apply for her CHL?


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[txinvestigator]

They'll still charge you for DWI for sleeping in your car.

They have to have probable cause that the arrestee operated the motor vehicle, and on a public roadway or public place.

 

[txinvestigator]

As a tag into this, my recently turned 21 daughter got pulled over for DWI. Pretty sure she's going to be convicted.

Am I reading right that it is 5 years after the conviction before she is eligible to apply for her CHL?


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Mike, I don't know your daughter, but I think CHL is the least of your concerns right now.

What are the chances she was arrested on her first time?

 

[TXARGUY]

As a tag into this, my recently turned 21 daughter got pulled over for DWI. Pretty sure she's going to be convicted.

Am I reading right that it is 5 years after the conviction before she is eligible to apply for her CHL?


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5 years from date of conviction (not date of offense).

She's going to have a few things to occupy her mind with during that time other than CHL. On first offense she'll very likely get 2 years in state jail, probated 2 years (with a nice monthly fee for the pleasure), an interlock device placed on her car (with a nice monthly fee for the pleasure), a required class on alcohol education program (which she will be required to pay for and take off work for), a $500 - $2500 fine (depending on the judge), court costs, atty fees, have her license revoked and pay a reinstatement fee, and will very likely be dropped by her current insurance and be forced to pay some fly by night a much higher rate in order to keep insured and fulfill that probation requirement.

It sucks that this has happened to your daughter but at least she's alive and didn't kill anybody. Maybe just a nice eye-opener for her.

Good luck.

 

[Saltyag2010]

As a tag into this, my recently turned 21 daughter got pulled over for DWI. Pretty sure she's going to be convicted.

Am I reading right that it is 5 years after the conviction before she is eligible to apply for her CHL?


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Mike,
lawyers are out to get you. Ask them their records vs dwi in the court she will face. They can give you an answer. If they can't do give them any money. A DWI costs 2,000$ + court costs + probation costs + drunk driving class + community service. You choose to add a lawyer to that or not. My last one (that I won for not being drunk .002 and .000) cost me 6000+$ for my lawyer and probation costs and the classes. If you don't think she can get it reduced or the case dismissed just pay for it. It will stay with you even if it is dismissed. My lawyer was 12-0 vs dwi in Lavaca County when I hired him.