Drinking while "Carrying"

[RedRaiderDavid]

Thanks for the discussion everyone, good information and perspective for those of you that posted more than an unhelpful statement (some things are just best left unsaid). Like I said, I'm not looking to see what my limits are and push them, I already have too much to lose by being an idiot. I got the new short CHL class and we spent about 3 minutes on this. I'm the type of person that likes to have all the information when I get involved in something.

[Tic Tac]

If somebody is too drunk to carry they are too drunk to drive. No matter what they tell themselves.

[RPBrown]

The .08 to be legally drunk does not apply to CHL. In fact, there is no definition of what legally drunk is in the law. With that said, you can technically be arrested for 1 mouthful of alcohol if the LEO has a mind to.

That is not correct. The TPC 46.035 states:

(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.

Subchapter H, Chapter 411, Government Code says:

GC §411.171. DEFINITIONS. In this subchapter:
.....
(6) “Intoxicated” has the meaning assigned by Section 49.01, Penal Code.

And, 49.01 says:

§ 49.01. DEFINITIONS. In this chapter:
......
(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.

If you have a BAC of .08 or greater, then you are legally intoxicated. You can be legally intoxicated below that level. And having one mouthful of alcohol does not technically make it legal to arrest you. You have to be impaired as in section (A) above, or be ..08 or greater as in section (B) to be legally arrested. Now, can a LEO arrest you even if you are not intoxicated because they smell alcohol on your breath and you are carrying? Yeah, but is it legal? Maybe not. Alcohol on your breath would give a LEO reasonable suspicion to check and see if you were intoxicated. At that point they would need to show that you were impaired or greater than .08 BAC to have probable cause to legally arrest you for Unlawful Carry due to intoxication.

So, to sum it up .08 or greater does apply for CHL as well as DWI, and means you are legally intoxicated whether you act impaired or not, but you can be legally intoxicated with less BAC than that if you are impaired.

I stand corrected

[maximus2161]

Even though this thread is a few weeks old I like reading about these types of concerns. I think its been pretty well covered. It just reminds me of what I do. If I know I want to go out and have a beer my gun stays home. Simple. If I am carrying and I am in a restaurant and want a beer I just know its not an option for me since I am carrying. Period. I dont go out and lock my gun in the trunk and go back in a drink. Its just a no go.

[jbarn]

Even though this thread is a few weeks old I like reading about these types of concerns. I think its been pretty well covered. It just reminds me of what I do. If I know I want to go out and have a beer my gun stays home. Simple. If I am carrying and I am in a restaurant and want a beer I just know its not an option for me since I am carrying. Period. I dont go out and lock my gun in the trunk and go back in a drink. Its just a no go.

How do you get home?

[nightmare]

Even though this thread is a few weeks old I like reading about these types of concerns. I think its been pretty well covered. It just reminds me of what I do. If I know I want to go out and have a beer my gun stays home. Simple. If I am carrying and I am in a restaurant and want a beer I just know its not an option for me since I am carrying. Period. I dont go out and lock my gun in the trunk and go back in a drink. Its just a no go.

How do you get home?

I hope he takes a taxi or walks. It sure seems like drunks kill a lot more people with motor vehicles than they do with firearms.

[A-R]

Even though this thread is a few weeks old I like reading about these types of concerns. I think its been pretty well covered. It just reminds me of what I do. If I know I want to go out and have a beer my gun stays home. Simple. If I am carrying and I am in a restaurant and want a beer I just know its not an option for me since I am carrying. Period. I dont go out and lock my gun in the trunk and go back in a drink. Its just a no go.

How do you get home?

I hope he takes a taxi or walks. It sure seems like drunks kill a lot more people with motor vehicles than they do with firearms.

Walking drunk is not a good idea either. I've seen a drunk pedestrian (crossing an interstate freeway at 11 pm) cause a multi-vehicle injury collision. Instead of the typical Class C Public Intoxication charge, she bought herself a Class B Obstructing a Highway charge.

[Jason K]

Another thing to remember...."intoxication" applies to more than just alcohol. As someone who has to take allergy meds on a daily basis, any alcohol consumption can magnify the side effects of the meds. I just skip the drinking when in public to be safe.

Also....there are plenty of intoxicants that don't show up on a breathalyzer.

[bigbang]

Another thing to remember...."intoxication" applies to more than just alcohol. As someone who has to take allergy meds on a daily basis, any alcohol consumption can magnify the side effects of the meds. I just skip the drinking when in public to be safe.

Also....there are plenty of intoxicants that don't show up on a breathalyzer.

It detects alcohol so most medicine won't show up unless it's cough syrup with alcohol or something like that.

[Javier730]

If you drink and drive or drink and carry, you deserve a nice long trip to the state jail hotel. In my opinion a person should also lose the right to drive or own a firearm if they are found guilty.

[Carzan]

I have a couple of questions regarding this thread.

1. Is the law actually written in a way that a person without a CHL is actually advantaged in the eyes of the law in a circumstance where they have a weapon with them in their vehicle and also happen to have alcohol on their breath or did I miss something somewhere?

2. What is the penalty for carrying while intoxicated and what level crime is the offense? I can think of many a hunter that has committed this crime based on stories I have heard about hunting trips!

[nightmare]

Even though this thread is a few weeks old I like reading about these types of concerns. I think its been pretty well covered. It just reminds me of what I do. If I know I want to go out and have a beer my gun stays home. Simple. If I am carrying and I am in a restaurant and want a beer I just know its not an option for me since I am carrying. Period. I dont go out and lock my gun in the trunk and go back in a drink. Its just a no go.

How do you get home?

I hope he takes a taxi or walks. It sure seems like drunks kill a lot more people with motor vehicles than they do with firearms.

Walking drunk is not a good idea either. I've seen a drunk pedestrian (crossing an interstate freeway at 11 pm) cause a multi-vehicle injury collision. Instead of the typical Class C Public Intoxication charge, she bought herself a Class B Obstructing a Highway charge.

That's a good warning. I was thinking about the time I lived three blocks from a neighborhood bar and only had to cross residential streets on the walk home. The devil is in the details.

[nightmare]

1. Is the law actually written in a way that a person without a CHL is actually advantaged in the eyes of the law in a circumstance where they have a weapon with them in their vehicle and also happen to have alcohol on their breath or did I miss something somewhere?

Not really. If someone is DWI they lose MPA protection. The intoxication standard for carrying drunk is the same as driving drunk so no advantages there.

2. What is the penalty for carrying while intoxicated and what level crime is the offense? I can think of many a hunter that has committed this crime based on stories I have heard about hunting trips!

An intoxicated person carrying a handgun under the authority of CHL commits a class A misdemeanor. A sober or intoxicated person who violates UCW also commits a class A misdemeanor. That's for handguns not long guns.

I don't know Texas hunting laws but if I had enough land, I could invite some friends over to shoot targets and tequila. It wouldn't be smart, but it wouldn't be illegal if we have a safe backstop, enough land, etc.

Also, as far as I know, it's legal to get drunk at home even if you have a loaded gun in the house. Or on your hip.

[bones281]

I pertty much agree with everyone on here about drinking and guns. From what I was told in my CHL class, you do not need to have a CHL to have a gun concealed in your vehicle, but you do need a CHL to carry the gun on your person while in your vehicle.

[Keith B]

I pertty much agree with everyone on here about drinking and guns. From what I was told in my CHL class, you do not need to have a CHL to have a gun concealed in your vehicle, but you do need a CHL to carry the gun on your person while in your vehicle.

Actually, you do not. All that is required it must be concealed from view. You can have it on your person legally. HOWEVER, I don't believe it is a good idea because if you have to quickly exit the vehicle in an emergency or for some other reason you would be in violation of the law without a CHL.