Search found 2 matches

by flintknapper
Tue Jul 14, 2009 9:00 am
Forum: 2009 Texas Legislative Session
Topic: No drinking while carrying?
Replies: 23
Views: 5451

Re: No drinking while carrying?

srothstein wrote:

Actually, both statements are somewhat correct and somewhat incorrect. The law does define intoxication and does so clearly. Section 49.01 defines it as the legal limit of .08 or the loss of your normal faculties (the exact definition was posted).
Yes, however the .08 limit is a standard at which you are "presumed" to be intoxicated and is NOT specified as a "target point" for intoxication (while carrying) as some folks have been taught. That was the reason for my response. It it worth noting also...that one of the Test Questions specifically references that there is no "legal limit" that determines intoxication.
You may be intoxicated at .001 BAC if it is your first drink ever and you have a low tolerance for alcohol. You may be intoxicated at .000 BAC if you have taken some other type of intoxicant. And you are legally intoxicated at .08 BAC no matter how little it affects your normal mental and physical faculties. So, there is a legal limit but it is not the only way to become intoxicated under the law.
True...many ways to fit the description "intoxicated". As concerns the .08 BAC...this is generally used in DWI cases and likely would not be used in a Carrying while Intoxicated charge since it simply isn't required by law. An LEO will use the other definition:

"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"


Meaning "intoxication" is subjective, but the impairment must be shown.

To understand why section 49.01 applies to chapter 46, you must understand the Code Construction Act (Chapter 311 of the Government Code). It clearly states that if a word has had a technical meaning attached through any law, this meaning now applies wherever used. If there is no technical meaning, then the generally understood meaning is what is used. So, intoxicated now has a specific technical meaning based on 49.01. In addition, the general public now understands the word intoxicated to mean this legal meaning, as opposed to the word drunk. I think the only time I have ever heard the word intoxicated in a conversation, it was in reference to the law.
There may well be a technical application for this.... that would prevail in court. I doubt the average street cop is quite this aware of any such nuances.

Of course, not being a lawyer, I could be wrong.
Nor am I. ;-)

From previous discussions here...I am of the "opinion" that my first post represents the conclusions we came to.

1. There is no "legal limit" (semantics aside). The apparent intent was to allow LEO and the Courts greater leeway in applying the general intoxication law.

2. It is NOT illegal to carry and drink, BUT you must not be "intoxicated". It would be unwise...since "intoxicated" is somewhat subjective and left to LEO and courts to charge and prove (as in my previous post).

3. You do NOT have to be drinking....to be "intoxicated". The focus seems to be on drinking, but there are many ways in which a person might be "impaired".


So....be careful, be responsible...and represent yourself (and other CHL's) the best way possible.


Flint.
by flintknapper
Mon Jul 13, 2009 1:03 pm
Forum: 2009 Texas Legislative Session
Topic: No drinking while carrying?
Replies: 23
Views: 5451

Re: No drinking while carrying?

AEA wrote:Not true. No such law and practically nothing passed in Legislation this year anyway!

You are allowed some Wine, Beer or whatever in any establishment that is not 51% posted. You remain legal as long as you do not go over the .08 limit which is the same for operating a Motor Vehicle.All that being said, .....if you are involved in a shooting and have ANY amount of alcohol in your system, you can be assured that the DA will make it quite clear that you were under the influence.

My rule is, one beer or one wine and NO MORE while eating a meal. A good strong coffee at the end of the meal.
No Sir.

Respectfully, this is incorrect.

There is no "legal limit" as concerns concealed carry. The standard of law here... appears to be "intoxication" alone, (no legal limit guidelines).

With this in mind....it remains the discretion of the officer to arrest...and the duty of the LE agency and prosecution to "prove" you were "intoxicated".

Return to “No drinking while carrying?”