alchohol and chl

[vinnier6]

we were taught in our chl class that while carrying alcohol is a no go....is that correct, or is there an alowable amount of alcohol allowed...

[USA1]

"Carrying" while drinking is not prohibited, but it is a criminal offense to carry while intoxicated.

[jmdevera]

we were taught in our chl class that while carrying alcohol is a no go....is that correct, or is there an alowable amount of alcohol allowed...

there is no legal alcohol limit while carrying. however my suggestion is that if you are gonna go drinking you should leave your "tool" with your car keys...

[Kythas]

IIRC, there's no restriction on drinking while carrying, but the legal limit for intoxication does not apply if you're carrying your gun. It's up to the discretion of the police officer as to whether or not you're impaired.

You could blow a .01 and if the officer believes you're intoxicated and you're carrying your firearm, you're in a world of hurt.

The best bet is to not drink when carrying. Period.

[wgoforth]

The deputy in our class said "The chl carrier is not permitted to be drunk while carrying. For the purpose of CHL, drunk is considered any measurable amount of alcohol." Not saying he is right, but apparently there is disagreement on this aspect. As a teetotaler myself, it doesn't affect me anyway.

[Keith B]

This is another of those discussions that have been had on this forum frequently. However, there is a disagreement among many of the members as the definition of intoxicated is not clear for CHL.

Bottom line, you cannot be intoxicated while carrying. Same as for driving. Intoxicated in Texas has two definitions; .08 BAC or at the discretion of the officer. So, if they feel you are intoxicated on a combination of drugs (legal or illegal) and alcohol, then they can arrest you. So, it is up to your discretion to determine if your are intoxicated, but the discretion of the officer is also in play.

Clear as mud??

[marksiwel]

Guns and Booze dont mix. I Play it safe, If I'm going to Trudys, I leave my gun in the car, but still take my pepper spray and knife.

[chabouk]

Just to clarify about the "officer's discretion" aspect: just because the officer says you're intoxicated, doesn't make it so. He can't just take away your CHL and convict you of Unlawfully Carrying a Weapon (the appropriate charge if someone is carrying while intoxicated, because they lose the protection of their CHL) just by saying "You're drunk".

He can charge you with UCW, but he'll have to establish in court that you were intoxicated.

Now for the trickeration: he can charge you with Public Intoxication alone, wait to see if you take the easy route and pay the ticket instead of fighting it, then come back and charge you for UCW based on your plea of guilty to being intoxicated.

Remember: the only time you're required to submit to any kind of testing (BAC, field sobriety, "follow the pen") is when you're driving. If you have had so much as a sip, and the encounter is anything other than being stopped while driving, remember the rules: "Am I being detained?", "Am I free to go?", and, most importantly, "I do not consent to any search." A smart officer could build his case without speaking to you at all, but most will need your cooperation.

All the standard disclaimers about mixing alcohol and guns apply. But if you choose to drink responsibly while carrying, remember: even though you might not be intoxicated by any legal or logical standard, there are not only many police officers who misunderstand the law, there are a good number of judges who are just as prudish on alcohol as Carrie Nation.

[chamberc]

You are not required to submit to a field sobriety test of any kind. The only way they can take blood is with your consent (which you should NEVER grant) or with a warrant.

If you are pulled over, NEVER submit to a field sobriety test... continue to ask the officer "Am I under Arrest?" until they arrest you or let you go. Do not give them any evidence (don't forget car cameras)... make them arrest you or let you go, but never NEVER take a field sobriety test.

Without a field test or blood test, DWI is a his word against yours crime... don't give them anything to present in a court room. Obviously, comply with lawful orders, but you are not required to submit to a test. They either have enough evidence to arrest you or they don't, don't incriminate yourself!

My wife was on a jury a few years back where they acquitted a girl who was pulled over for DWI. No Breathalyzer, nothing but a video tape of her on North central expressway doing a field sobriety test... the wind was blowing like hell and yeah, she had trouble walking straight... on the video you could see debris flying by...

Without that video, they had absolutely no evidence... Make them get the warrant for a blood draw... but don't let them get you voluntarily taking a test...

[longtooth]

How many $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
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$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$s do you have to beat it in court.

Just dont drink.

If you are just going to drink leave you gun at home.

[Oldgringo]

How many $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$s do you have to beat it in court.

Just dont drink.

If you are just going to drink leave you gun at home.

LT has pretty much captured my sentiments on the subject exactly and I happen to subscribe to the philosophy that "corks are for throwing away"...if you get my drift.

Alcohol just doesn't mix well with either gasoline, diesel or gunpowder and that's a proven legal, if not scientific, fact.

[joe817]

How many $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$s do you have to beat it in court.

Just dont drink. If you are just going to drink leave you gun at home.

LT has pretty much captured my sentiments on the subject exactly and I happen to subscribe to the philosophy that "corks are for throwing away"...if you get my drift. Alcohol just doesn't mix well with either gasoline, diesel or gunpowder and that's a proven legal, if not scientific, fact.

Well put O.g. I feel the same. And totally agree with you LT. There's no reason to take a HUGE risk just to have some drinks, with what is at stake.

[Aggiedad]

You are not required to submit to a field sobriety test of any kind. The only way they can take blood is with your consent (which you should NEVER grant) or with a warrant.

If you are pulled over, NEVER submit to a field sobriety test... continue to ask the officer "Am I under Arrest?" until they arrest you or let you go. Do not give them any evidence (don't forget car cameras)... make them arrest you or let you go, but never NEVER take a field sobriety test.

I could have sworn that refusal of submitting to a sobriety test gets an automatic six month suspension of one's drivers license. Did I dream this?

[Mike1951]

You are not required to submit to a field sobriety test of any kind. The only way they can take blood is with your consent (which you should NEVER grant) or with a warrant.

If you are pulled over, NEVER submit to a field sobriety test... continue to ask the officer "Am I under Arrest?" until they arrest you or let you go. Do not give them any evidence (don't forget car cameras)... make them arrest you or let you go, but never NEVER take a field sobriety test.

Without a field test or blood test, DWI is a his word against yours crime... don't give them anything to present in a court room. Obviously, comply with lawful orders, but you are not required to submit to a test. They either have enough evidence to arrest you or they don't, don't incriminate yourself!

This is not always the case. For several years, agencies in Texas have used periods of "no refusal" for suspected DWI violations. This was done by having magistrates on standby and creating an expedited process for collecting samples.

SB261, which went into effect Sept. 1st, apparently made a couple of changes. It expanded the list of magistrates that can sign such a warrant to include any magistrate licensed as an attorney in Texas, making access to a warrant much quicker and easier.

As a result of this, Dallas and maybe other jurisdictions, instituted this as a full time policy.

It also negates the need for a warrant PERIOD in certain instances. If the suspect has been previously convicted of two or more DWI convictions and has a child in the vehicle OR causes an accident with even a minor injury, then no warrant is required.

To get back on topic, I'm one of the tee-totalers when carrying.

[Keith B]

You are not required to submit to a field sobriety test of any kind. The only way they can take blood is with your consent (which you should NEVER grant) or with a warrant.

If you are pulled over, NEVER submit to a field sobriety test... continue to ask the officer "Am I under Arrest?" until they arrest you or let you go. Do not give them any evidence (don't forget car cameras)... make them arrest you or let you go, but never NEVER take a field sobriety test.

I could have sworn that refusal of submitting to a sobriety test gets an automatic six month suspension of one's drivers license. Did I dream this?

Not a dream. Texas is an Implied Consent state. Refusing to take the test is where the Texas Implied Consent Law comes into play. This law basically states that any driver who operates a motor vehicle on Texas roadways has impliedly agreed that he or she will provide a breath or blood sample, if properly requested by a police officer if ever arrested for a DWI. By having a driver’s license in Texas, you have already agreed to the Implied Consent Law. This same law also applies to boaters or those who operate a watercraft in Texas. This means that your driver’s license can be suspended not for failing a blood or breath test, but for refusing such testing.

Texas courts have also determined that a driver does NOT have the right to speak with an attorney before deciding whether he or she will submit to a chemical test. However, if you are involved in an accident with life threatening injuries or a fatality, you can be forced to take a chemical test if arrested for a DWI. They have also been beating this by having 'no-refusal' saturations and if you refuse to submit to a BAC, then they can get a warrant and take a mandatory blood draw.

The results of either of these is an administrative license revocation (ALR). This is initiated by a person either failing a chemical test by going over Texas’ legal limit of .08% blood alcohol concentration level, or by refusing to take the test.