Carrying and drinking clarified?

[Kythas]

I just found the following statement on the Texas DPS Concealed Handgun FAQ under the question "Can I carry a handgun when I am drinking?". Note the last line:

According to the Texas Penal Code, it is unlawful for an individual who is intoxicated to carry a handgun. It is important to note that the Penal Code defines “intoxicated” as 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 in the body. Additionally, the Penal Code considers having an alcohol concentration of 0.08 or higher to constitute intoxication.

To me, this means the DPS requires you to pass the same .08 BAC as everyone else to determine if you're too intoxicated to be carrying your weapon, and the argument that it's up to the discretion of the officer on the scene and there's no BAC standard is incorrect. Is my thought process here wrong?

http://www.txdps.state.tx.us/administra ... hlfaqs.htm

[mreavis]

From my understand that means:

1)If you fail a sobriety test, your intoxicated you get in trouble.
2)You pass the sobriety test but have a BAC of .08 or higher. You are still found intoxicated, you are in trouble.

So if you passed the test and were under .08 you might be ok, and I think it would depend on the LEO.
I wouldn't recommend it.

[Mr.ViperBoa]

Im not willing to take that chance but then again, May 5th will make 9 years since I have drank any alcohol.

[WildBill]

At the risk of being called rude ...

[Kythas]

At the risk of being called rude ...

I understand what you're saying, Bill. My point is there are always people on this forum who say the .08 BAC doesn't apply to CHL holders. This FAQ from the DPS indicates it does. That's what I'm trying to bring across.

I do understand this subject has gone around so many times it's affecting the rotation of the Earth.

[WildBill]

I do understand this subject has gone around so many times it's affecting the rotation of the Earth.

I guess I'll just hold on while the world goes round.

[Ameer]

Some people don't like to hear the truth.

[Skiprr]

According to the Texas Penal Code, it is unlawful for an individual who is intoxicated to carry a handgun. It is important to note that the Penal Code defines “intoxicated” as 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 in the body. Additionally, the Penal Code considers having an alcohol concentration of 0.08 or higher to constitute intoxication.

To me, this means the DPS requires you to pass the same .08 BAC as everyone else to determine if you're too intoxicated to be carrying your weapon, and the argument that it's up to the discretion of the officer on the scene and there's no BAC standard is incorrect. Is my thought process here wrong?

I believe it is. The way it's written, the "additionally" that begins the last sentence can be considered a disjunctive conjunction, the same as the word "or." That mirrors the way the penal code is written. The definition of "intoxicated" that I highlighted in blue is the primary determinant.

A BAC of 0.08 means you are intoxicated. Period. However, there are a wide variety of potential intoxicants other than alcohol. So the penal code is written to take that into account. If, for example, someone is taking a prescribed opiate to the point of impairment, he's just as much intoxicated under the law as the guy who slugged back a few beers at happy hour. Similarly, if a third guy took only the prescribed amount of his pain medication and only had one beer, he may also be intoxicated due to the combination.

'Course, INAL.

[MasterOfNone]

This FAQ from the DPS indicates it does.

The definition of "intoxicated" from PC 49.01(2):

(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.

Note the "or". The FAQ attempts to say this in plain English, but leaves it a little unclear. This of it as "I like Glocks. Additionally, I like Sigs." A gun doesn't have to somehow be both a Glock AND a Sig to be liked by me.

[WildBill]

The FAQ on the DPS website are their interpretations of the law. The exact language of the Texas statutes are the law. YMMV.

[jmra]

How close can you get to the edge of the cliff without falling off? I prefer to keep my distance.

[AJ80]

I have no idea what it's like to be intoxicated.
Is it anything like sleep deprivation?

I know there have been times that I haven't had normal use of my mental or physical faculties due to lack of sleep, but I guess it's OK to carry in that condition since it wasn't caused by introduction of any of those things listed in PC 49.01(2)(A). Am I right?

[Keith B]

I just found the following statement on the Texas DPS Concealed Handgun FAQ under the question "Can I carry a handgun when I am drinking?". Note the last line:

According to the Texas Penal Code, it is unlawful for an individual who is intoxicated to carry a handgun. It is important to note that the Penal Code defines “intoxicated” as 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 in the body. Additionally, the Penal Code considers having an alcohol concentration of 0.08 or higher to constitute intoxication.

To me, this means the DPS requires you to pass the same .08 BAC as everyone else to determine if you're too intoxicated to be carrying your weapon, and the argument that it's up to the discretion of the officer on the scene and there's no BAC standard is incorrect. Is my thought process here wrong?

http://www.txdps.state.tx.us/administra ... hlfaqs.htm

No. .08 is considered evidence of intoxication, but the discretion is still there. See my portion in blue above.

[KC5AV]

I just found the following statement on the Texas DPS Concealed Handgun FAQ under the question "Can I carry a handgun when I am drinking?". Note the last line:

According to the Texas Penal Code, it is unlawful for an individual who is intoxicated to carry a handgun. It is important to note that the Penal Code defines “intoxicated” as 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 in the body. Additionally, the Penal Code considers having an alcohol concentration of 0.08 or higher to constitute intoxication.

To me, this means the DPS requires you to pass the same .08 BAC as everyone else to determine if you're too intoxicated to be carrying your weapon, and the argument that it's up to the discretion of the officer on the scene and there's no BAC standard is incorrect. Is my thought process here wrong?

http://www.txdps.state.tx.us/administra ... hlfaqs.htm

As I understand it, .08 BAC is automatically considered to be intoxicated.
If you have not had any alcohol, you won't register anything close to .08 BAC, but if you've had OTC meds, or prescription drugs, you still might not have normal use of your mental faculties, and might be considered intoxicated.

[Crossfire]

I have no idea what it's like to be intoxicated.
Is it anything like sleep deprivation?

Kinda.... except you don't usually thow up on your shoes when you are sleep deprived.