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  • Hoji

    Bowling-Pin Commando
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    I think the instructor was referring to open carry only. I was the one who was mistaken about what he was actually referring to. My bad! I always wear a holster fastened to my belt regardless if I'm carrying concealed or open so I never really gave it much thought. This has been a good thread to sift through.
    Knew there was a reason I liked you , lol.

    Seriously though, I have heard other instructors spout a lot of bullshit ( including what you posted yours said)so it would not surprise me at all.
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    Harwd

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    I've never seen nor heard nor found any "law" pertaining to limiting alcohol while carrying. It's pretty clear, if you're carrying during the commission of a crime, it's you're ass. So the smart card reads, be careful what and how much you drink, because you might be scrutinized more closely and the penalty is much greater.

    While carrying, getting stopped for speeding is one thing, getting stopped for speeding and being drunk is another story; a bad one. PI is just a PI unless you're carrying.

    It's just a bad idea. I wonder if his point was that you need to live and practice as if it's a zero tolerance? It's a good rule of thumb.
    Probably two beers should be the limit when your carrying.

    In this forum (Joat) posted:
    The legal definition of intoxication in Texas is:

    • Having an alcohol concentration of 0.08 or more
    • Not having the normal use of 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 substances into the body.
    • Not having the normal use of mental 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 substances into the body.
     

    candcallen

    Crotchety, Snarky, Truthful. You'll get over it.
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    Little Elm
    Probably two beers should be the limit when your carrying.

    In this forum (Joat) posted:
    The legal definition of intoxication in Texas is:

    • Having an alcohol concentration of 0.08 or more
    • Not having the normal use of 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 substances into the body.
    • Not having the normal use of mental 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 substances into the body.
    Probably shouldn't be getting or giving advice on drinking while carrying on the internet.

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    majormadmax

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    Probably two beers should be the limit when your carrying.

    In this forum (Joat) posted:
    The legal definition of intoxication in Texas is:

    • Having an alcohol concentration of 0.08 or more
    • Not having the normal use of 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 substances into the body.
    • Not having the normal use of mental 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 substances into the body.
    To be specific, here is the statute...

    Penal Code §49.01 (2) "Intoxicated" means:
    (A) not having the normal use of mental or physical faculties by reason of the introduction (emphasis mine) 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.

    I understand your point, but (A) clearly indicates the mere introduction of alcohol or drugs (legal or otherwise) can qualify as "intoxication" even with a BAC below 0.08, so the smart consensus is that any alcohol or drugs (again, legal or otherwise) in your system while carrying can be used against you.
     

    cycleguy2300

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    In other words, you don't have to be 0.08 to be considered intoxicated for purposes of illegal carry. 0.08 is for DUIs.
    DUI is any detectable amount of alcohol in a minor (under 21yo). Class C misdemeanor.

    DWI on the other hand is a BAC of 0.08 or greater OR the loss of normal physical or mental facilities due to the introduction of any substance into the body. Class B misdemeanor.


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    cycleguy2300

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    To be specific, here is the statute...



    I understand your point, but (A) clearly indicates the mere introduction of alcohol or drugs (legal or otherwise) can qualify as "intoxication" even with a BAC below 0.08, so the smart consensus is that any alcohol or drugs (again, legal or otherwise) in your system while carrying can be used against you.
    This is correct.

    For a PI arrest I simply need to articulate intoxication AND a danger due to the intoxication.

    Staggering, slurring, glassy eyes, fighting, swaying, odor etc can all build the picture of intoxication. How much does it take to be intoxicated? That's between you, the officer, the judge and your conscience.

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    Dougw1515

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    DUI is any detectable amount of alcohol in a minor (under 21yo). Class C misdemeanor.

    DWI on the other hand is a BAC of 0.08 or greater OR the loss of normal physical or mental facilities due to the introduction of any substance into the body. Class B misdemeanor.


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    "Less than safe" is the charge they would hit you with in Georgia if they couldn't make DWI stick.
     

    candcallen

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    This is all wonderful chitchat but useless legal counsel, as are most internet legal prognostic endeavors. In addition whole legal specialty industry exists around getting people off DUI charges or at least lowered.

    If drinking becomes a factor in anything related to carrying a weapon, you probably had to use it, a more appropriate comparison would be intoxication manslaughter and that is a much more tricky situation.

    My suggestion, since unsolicited useless advice is the endeavor of the day, is Dont be that retard who drinks and is carrying and then has to use it. The situation will be less than ideal to say the least. At least dont go out drinking and carrying. Do it at home if you have to.


    Oh, since when did getting off a dui become a thing. What happened to not drinking and driving to begin with. I would greatly appreciate your forbearance when driving. You hit me while drinking, the dui will be the least of your worries.

    Just sayin.
     

    jordanmills

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    This is correct.

    For a PI arrest I simply need to articulate intoxication AND a danger due to the intoxication.

    Staggering, slurring, glassy eyes, fighting, swaying, odor etc can all build the picture of intoxication. How much does it take to be intoxicated? That's between you, the officer, the judge and your conscience.

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    That is consistent with my reading of the law and understanding of precedent. One may note that neither of us have mentioned any actual consumption of alcohol.
     

    cycleguy2300

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    This is all wonderful chitchat but useless legal counsel, as are most internet legal prognostic endeavors. In addition whole legal specialty industry exists around getting people off DUI charges or at least lowered.

    If drinking becomes a factor in anything related to carrying a weapon, you probably had to use it, a more appropriate comparison would be intoxication manslaughter and that is a much more tricky situation.

    My suggestion, since unsolicited useless advice is the endeavor of the day, is Dont be that retard who drinks and is carrying and then has to use it. The situation will be less than ideal to say the least. At least dont go out drinking and carrying. Do it at home if you have to.


    Oh, since when did getting off a dui become a thing. What happened to not drinking and driving to begin with. I would greatly appreciate your forbearance when driving. You hit me while drinking, the dui will be the least of your worries.

    Just sayin.
    Please, DUI is for
    DWI is most likely what we are concerned with for the pistol packing folk around here

    DUI != DWI & DWI != DUI

    I know in some what would be charged in Texas as a DWI is termed a DUI, but let's keep our terms straight and accurate for the locale.

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    oohrah

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    This is all wonderful chitchat but useless legal counsel, as are most internet legal prognostic endeavors. In addition whole legal specialty industry exists around getting people off DUI charges or at least lowered.

    If drinking becomes a factor in anything related to carrying a weapon, you probably had to use it, a more appropriate comparison would be intoxication manslaughter and that is a much more tricky situation.

    My suggestion, since unsolicited useless advice is the endeavor of the day, is Dont be that retard who drinks and is carrying and then has to use it. The situation will be less than ideal to say the least. At least dont go out drinking and carrying. Do it at home if you have to.


    Oh, since when did getting off a dui become a thing. What happened to not drinking and driving to begin with. I would greatly appreciate your forbearance when driving. You hit me while drinking, the dui will be the least of your worries.

    Just sayin.
    I agree. I was trying to deflect the discussion off the 0.08 intoxication thing.

    If you think its OK to have a beer or two while carrying, you are missing the point. Not only is it foolish, you can be determined intoxicated at lower levels, get cited for illegal carry, and lose your license. Not to mention the potential civil suits if you actually draw your weapon and you were determined intoxicated. Is one beer really worth it?
     

    cycleguy2300

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    I agree. I was trying to deflect the discussion off the 0.08 intoxication thing.

    If you think its OK to have a beer or two while carrying, you are missing the point. Not only is it foolish, you can be determined intoxicated at lower levels, get cited for illegal carry, and lose your license. Not to mention the potential civil suits if you actually draw your weapon and you were determined intoxicated. Is one beer really worth it?
    "Loss of the normal physical or mental faculties due to the introduction of any substance into the body."

    I am not much of a drinker, a 6-pack will last me about a year... but I dont think ONE or TWO normal beers with a meal, over an hour or so would be an issue.

    The problem is a few beers after "oh, I'll just have two, 'll be fine" and then something else goes sideways.

    Everyone has their own threshold for risk and their own reasons for them.

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