Moderators: carlson1, Crossfire
Keith B wrote:What I tell people is that while it is legal to consume alcohol while carrying, it is illegal to become intoxicated. SO, you are better to not drink while carrying as the determination is left up to the individual officer's discretion, and if you have not been drinking there is less question about your being possibly intoxicated. The exact same advice goes for getting behind the wheel of a motor vehicle.
kg5ie wrote:Keith B wrote:What I tell people is that while it is legal to consume alcohol while carrying, it is illegal to become intoxicated. SO, you are better to not drink while carrying as the determination is left up to the individual officer's discretion, and if you have not been drinking there is less question about your being possibly intoxicated. The exact same advice goes for getting behind the wheel of a motor vehicle.
I think Texas is long overdue for a similar standard for civilian LEO. One of the few things worse than a drunk with a gun is a drunk with a gun and a badge.nightmare69 wrote:My chief arrested a soon to be former CHL holder. Got a call a man was drunk and causing a disturbance, we arrive to find he has been telling people he is armed and ready to use it. He was in fact armed and had a CHL. We charged him with TPC 46.035 (d) which is a class A misdemeanor. I told him that he is making all other CHL holders including myself look bad. Just don't carry of you are going to drink.
Once the guy sitting in your county jail loses his license and his job, you guys will cut him loose with no criminal charges?nightmare69 wrote:If and LEO did the same as the gentalman sitting in our county jail he would lose his peace officer lisence along with his career in law enforcement. The news would be all over it calling for the officers head. Are you under the impression that LEOs are somehow exempt from carrying while intoxicated?
That is not up to me. I'm just a peon deputy, I do not have the authority to drop charges plus it was not my arrest.nightmare wrote:Once the guy sitting in your county jail loses his license and his job, you guys will cut him loose with no criminal charges?nightmare69 wrote:If and LEO did the same as the gentalman sitting in our county jail he would lose his peace officer lisence along with his career in law enforcement. The news would be all over it calling for the officers head. Are you under the impression that LEOs are somehow exempt from carrying while intoxicated?
Misfit Child wrote:I think Texas is long overdue for a similar standard for civilian LEO. One of the few things worse than a drunk with a gun is a drunk with a gun and a badge.nightmare69 wrote:My chief arrested a soon to be former CHL holder. Got a call a man was drunk and causing a disturbance, we arrive to find he has been telling people he is armed and ready to use it. He was in fact armed and had a CHL. We charged him with TPC 46.035 (d) which is a class A misdemeanor. I told him that he is making all other CHL holders including myself look bad. Just don't carry of you are going to drink.
You are assuming you are innocent until proven guilty...that boat sailed a long time ago.HankB wrote:I don't defend drunken carry any more than I would defend drunken driving.
But AFAIK, there is no "implied consent" law to submit to a BAC or other sobriety test unless you ARE driving. If you're NOT driving, this would make proof of "intoxicated carry" more difficult for LEOs contemplating your arrest unless you're downright drunk - and behaving that way.
There is no criminal law preventing them from carrying while intoxicated. It may however result in discipline by their department.nightmare69 wrote:If and LEO did the same as the gentalman sitting in our county jail he would lose his peace officer lisence along with his career in law enforcement. The news would be all over it calling for the officers head. Are you under the impression that LEOs are somehow exempt from carrying while intoxicated?
While Texas law says you don't have to submit to a breathalyzer, the state supreme court has upheld warrants for a mandatory blood draw and you can be detained until they can get a warrant issued and a blood draw done.HankB wrote:I don't defend drunken carry any more than I would defend drunken driving.
But AFAIK, there is no "implied consent" law to submit to a BAC or other sobriety test unless you ARE driving. If you're NOT driving, this would make proof of "intoxicated carry" more difficult for LEOs contemplating your arrest unless you're downright drunk - and behaving that way.
ScottDLS wrote:There is no criminal law preventing them from carrying while intoxicated.nightmare69 wrote:Are you under the impression that LEOs are somehow exempt from carrying while intoxicated?
