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by jmra
Fri Jul 03, 2015 11:49 am
Forum: 2015 Legislative Session
Topic: Drinking/Intoxicated clarified in Penal Code?
Replies: 23
Views: 13422

Re: Drinking/Intoxicated clarified in Penal Code?

Abraham wrote:Honestly, it's easy to avoid alcohol when carrying.

If you can't avoid booze when carrying, don't carry.

Easy!
:iagree:
But I don't drink so easy for me to say.
by jmra
Thu Jul 02, 2015 7:43 pm
Forum: 2015 Legislative Session
Topic: Drinking/Intoxicated clarified in Penal Code?
Replies: 23
Views: 13422

Re: Drinking/Intoxicated clarified in Penal Code?

Keith B wrote:
jmra wrote:
o b juan wrote:At the last (7th) Instructor school I attended. I think it was 09' The DPS Sarge said if he smelled alcohol he would do his best to violate you while driving; most particularly if you had a H.G on or about your person .

I would bet a lot of them feel that way..
They have seen a lot of mayhem and death because of alcohol..
So, they don't care if you're impaired or not, they are going to charge you anyway?
That is NOT what they said. My interpretation of his statement is that if he smells alcohol on your breath, he is going to make every effort to determine if you meet the requirements of being intoxicated. He would especially work at it if you were also carrying. He WILL go by what the law states, but if he feels you are impaired and meet the definition of intoxicated, then he will make the arrest.

This is MY interpretation of the statement.
Thanks Keith. That makes a lot more sense and is exactly the way I would think officers would proceed if they smelled alcohol.
by jmra
Thu Jul 02, 2015 7:18 pm
Forum: 2015 Legislative Session
Topic: Drinking/Intoxicated clarified in Penal Code?
Replies: 23
Views: 13422

Re: Drinking/Intoxicated clarified in Penal Code?

o b juan wrote:At the last (7th) Instructor school I attended. I think it was 09' The DPS Sarge said if he smelled alcohol he would do his best to violate you while driving; most particularly if you had a H.G on or about your person .

I would bet a lot of them feel that way..
They have seen a lot of mayhem and death because of alcohol..
So, they don't care if you're impaired or not, they are going to charge you anyway?
by jmra
Thu Jul 02, 2015 6:10 pm
Forum: 2015 Legislative Session
Topic: Drinking/Intoxicated clarified in Penal Code?
Replies: 23
Views: 13422

Re: Drinking/Intoxicated clarified in Penal Code?

JKTex wrote:
WildBill wrote:
bigity wrote:I may have missed this in all the OC/campus carry stuff - but was the existing code updated to clarify if you cannot drink or just cannot be intoxicated when concealed carrying?
Bigity - To answer your question directly. No, the laws concerning drinking/intoxication were not changed. :tiphat:

Bingo. The law is already very clear. To clarify more is treating adults that should have good judgement, as someone with no good judgement at all thus maybe shouldn't even be allowed to walk in public streets. :mrgreen:
The clarification should come from DPS to CHL instructors as the misinformation seems to be generated in classrooms.
by jmra
Mon Jun 29, 2015 10:53 am
Forum: 2015 Legislative Session
Topic: Drinking/Intoxicated clarified in Penal Code?
Replies: 23
Views: 13422

Re: Drinking/Intoxicated clarified in Penal Code?

bigity wrote:Mine as well, but my CHL instructor said 'zero booze', and I've heard others say 'don't be drunk'. It seems to be a point of confusion, was just curious if it was clarified at all during the session.
To my knowledge it wasn't addressed. I don't partake so I guess it's easy for me to say if you are going to drive and or carry opt for soda or ice tea.

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