Drinking/Intoxicated clarified in Penal Code?

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bigity
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Drinking/Intoxicated clarified in Penal Code?

#1

Post by bigity » Mon Jun 29, 2015 10:34 am

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?
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Re: Drinking/Intoxicated clarified in Penal Code?

#2

Post by LSUTiger » Mon Jun 29, 2015 10:43 am

Edit:

My practice is zero alcohol while CC. IMHO, any level of alcohol will call into question your actions if you need to use lethal force.

See this thread.....

viewtopic.php?f=7&t=31475" onclick="window.open(this.href);return false;

Penal Code Section 46.035:
(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.

Government Code Section 411.171:
(4)(6) "Intoxicated" has the meaning assigned by Section 49.01, Penal Code.

Penal Code Section 49.01
(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.

Don't know if anything has changed.
Last edited by LSUTiger on Mon Jun 29, 2015 10:55 am, edited 3 times in total.
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Re: Drinking/Intoxicated clarified in Penal Code?

#3

Post by bigity » Mon Jun 29, 2015 10:48 am

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.
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Re: Drinking/Intoxicated clarified in Penal Code?

#4

Post by jmra » Mon Jun 29, 2015 10:53 am

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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Re: Drinking/Intoxicated clarified in Penal Code?

#5

Post by mojo84 » Mon Jun 29, 2015 10:53 am

LSUTiger wrote:My practice is zero alcohol while CC. IMHO, any level of alcohol will call into question your actions if you need to use lethal force.

See this thread.....

viewtopic.php?f=7&t=31475" onclick="window.open(this.href);return false;

Don't know if anything has changed.

Is this your understanding of the law or your personal stance based on your risk tolerance?

I think the actual law is more in line with the DWI laws that one cannot be intoxicated.
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Re: Drinking/Intoxicated clarified in Penal Code?

#6

Post by LSUTiger » Mon Jun 29, 2015 10:58 am

mojo84 wrote:
LSUTiger wrote:My practice is zero alcohol while CC. IMHO, any level of alcohol will call into question your actions if you need to use lethal force.

See this thread.....

viewtopic.php?f=7&t=31475" onclick="window.open(this.href);return false;

Don't know if anything has changed.

Is this your understanding of the law or your personal stance based on your risk tolerance?

I think the actual law is more in line with the DWI laws that one cannot be intoxicated.
In Penal Code Section 49.01, can an officer claim A if B is not met? That's a judgement call. I would prefer not to leave anything to an officer's judgement.

Penal Code Section 46.035:
(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.

Government Code Section 411.171:
(4)(6) "Intoxicated" has the meaning assigned by Section 49.01, Penal Code.

Penal Code Section 49.01
(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.
Chance favors the prepared. Making good people helpless doesn't make bad people harmless.
There is no safety in denial. When seconds count the Police are only minutes away.
Sometimes I really wish a lawyer would chime in and clear things up. Do we have any lawyers on this forum?

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Re: Drinking/Intoxicated clarified in Penal Code?

#7

Post by WildBill » Mon Jun 29, 2015 11:23 am

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:
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Re: Drinking/Intoxicated clarified in Penal Code?

#8

Post by JKTex » Thu Jul 02, 2015 5:14 pm

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:

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Re: Drinking/Intoxicated clarified in Penal Code?

#9

Post by jmra » Thu Jul 02, 2015 6:10 pm

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.
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Re: Drinking/Intoxicated clarified in Penal Code?

#10

Post by o b juan » Thu Jul 02, 2015 7:14 pm

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..
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Re: Drinking/Intoxicated clarified in Penal Code?

#11

Post by jmra » Thu Jul 02, 2015 7:18 pm

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?
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Re: Drinking/Intoxicated clarified in Penal Code?

#12

Post by Keith B » Thu Jul 02, 2015 7:31 pm

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.
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Re: Drinking/Intoxicated clarified in Penal Code?

#13

Post by jmra » Thu Jul 02, 2015 7:43 pm

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.
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Re: Drinking/Intoxicated clarified in Penal Code?

#14

Post by Abraham » Fri Jul 03, 2015 9:31 am

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

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

Easy!

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Re: Drinking/Intoxicated clarified in Penal Code?

#15

Post by jmra » Fri Jul 03, 2015 11:49 am

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.
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