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by nitrogen
Mon Jul 13, 2009 9:55 am
Forum: 2009 Texas Legislative Session
Topic: No drinking while carrying?
Replies: 23
Views: 5456

Re: No drinking while carrying?

Beiruty wrote:I do not drink. That is my understanding. You carry == 0% alcohol.
The law may be interpreted that way by some but what it actually says is this:
Texas Penal Code
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER

(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.
in case you're wondering, I believe the definition that matters in this case:
§ 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.
Unless one drink affects you to the degree required in § 49.01 above, you should be able to have a drink.

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