TexasCHLforum.com

MoJo wrote:AFcop you are correct. According to DPS at instructor school if you are impared regardless if BAC you are in the wrong.

Same as driving.

The way I look at it and the way I teach is if you have to use your firearm to defend yourself you may end up in a court of law. The prosecutor is more than likely going to go after you for impairment if alcohol is involved. Why take the risk? I'm all for defending myself and family but why add more risk to the situation by mixing alcohol into the equation.

secure wrote:The way I look at it and the way I teach is if you have to use your firearm to defend yourself you may end up in a court of law. The prosecutor is more than likely going to go after you for impairment if alcohol is involved. Why take the risk? I'm all for defending myself and family but why add more risk to the situation by mixing alcohol into the equation.

If a had a beer (or heck, even several beers) and a perp came at me with a knife, am I suddenly obligated to die instead of defend myself? I see your point and I willingly admit a conviction would be more easily obtained if there was alcohol present, even though the circumstances didn't change. I just don't like the argument.. since it can easily distort the facts, even if they had no relevance to the actual event.


Good or bad shoot?
Guy has dinner... exits restaurant and is held up at knifepoint... shoots perp...


Guy has a beer with dinner... exits restaurant and is held up at knifepoint... shoots perp...

it shouldn't matter. (but living in the real world, I usually avoid a beer with dinner when outside my own home.)

I'd love to be on that jury.

Given flechero's scenario it probably wouldn't even be an issue. Being able to defend one's self under those circumstances might be evidence that one was not impaired.

I honestly don't know the answer to this, but is it DWI or DUI here in Texas? However, it may be a moot point with the other replies here, so no matter. It's really up to the officer. If he or she thinks you are impaired, that's all there is to it.

C-dub wrote:I honestly don't know the answer to this, but is it DWI or DUI here in Texas? However, it may be a moot point with the other replies here, so no matter. It's really up to the officer. If he or she thinks you are impaired, that's all there is to it.

Intoxicated is intoxicated. Same as driving.

Chuck_wall wrote:I've been trying to sift through the forum and other sources to answer a few questions. I'm hoping y'all can help. I've heard numerous variations of the law from numerous people from zero tolerance on down. Obviously, drunken carry is illegal, but I'm trying to figure out exactly what the other lines drawn by the law are. Questions are below. Thanks again.

1. What is the legality of driving, while under the .08 limit, with a CHL while not carrying?

2. What is the legality of driving, while under the .08 limit (say a beer with dinner), with a CHL while carrying?

If you have to ask this question, you should already know the answer...or, did I say that backwards?

Legally carrying a gun requires, IMO, a maturity and responsibility level that exceeds defined legal and age definition. Again, IANAL, that's why we have judges and juries.

xdtom40 wrote:If I had to use my CCW, I would not want alcohol on my breath. IDK, just feel that way.

If I had to use my CCW, I would not want OTC or prescription drugs in my blood. IDK, just feel that way.

This issue has come up over and over again in the six-year history of this Forum. The legal definition of "intoxicated" has not changed during that time. I even elaborated on it, with cites, just one page back.

Do I ever have a drink and either drive a car or carry outside my house? No, but that's a personal choice, not the law.

Do I ever have a drink inside my home and still keep a gun at hand, you bet: I like to cook, and a single glass of wine often accompanies that.

For the law, look to the statutes. It's in there.

For ethics, look no further: I've found that most of my fellow CHLers hold themselves to a standard higher than the law.

The texas penal code is available free on line.

You can ask and re-ask the question all you want but until you read it for yourself you won't be satisfied.

Pretty sure the question was answered right out the gates on this one.