alchohol and chl

[boomerang]

i just wanted to know, that its ok if i go out to dinner, and have one beer or one glass of wine that its ok to still carry

When I read the actual law, it's clear that if you're too drunk to carry, you're also too drunk to drive.

I don't know where that point is for you.

[davidtx]

I asked a cop friend of mine and he said "If I can smell alcohol on your breath, I'll arrest you". I've decided that I don't want to trust some cop's nose - so I'll just drink ice tea from now on. It's healthier and cheaper (potentially a LOT cheaper).

[USA1]

I asked a cop friend of mine and he said "If I can smell alcohol on your breath, I'll arrest you". I've decided that I don't want to trust some cop's nose - so I'll just drink ice tea from now on. It's healthier and cheaper (potentially a LOT cheaper).

As long as its not a Long Island...

[joe817]

I asked a cop friend of mine and he said "If I can smell alcohol on your breath, I'll arrest you". I've decided that I don't want to trust some cop's nose - so I'll just drink ice tea from now on. It's healthier and cheaper (potentially a LOT cheaper).

As long as its not a Long Island...

New Yourk City??? Somebody get a rope.

[5thGenTexan]

Not trusting someone elses discretion as to whether I am impaired or not. I personally wait to have a beer or Crown until I am sure I am in for the night, if we are going somewhere I know I will be having a drink or two I leave my gun in the safe and leave the driving and carrying to my wife.

I will admit I have not always been that bright. It's a wonder what finding a good woman does to improve your judgement.

[koolaid]

I take my gun off before I open a beer. It seems like the only reasonable course of action both in terms of preventing stupid accidents and not having all the time and money spent on getting my CHL go to waste.

If you are relying on the good will of a random police officer who has seen cause to ask you for ID, your judgment is already impaired.

[Big Tuna]

Let me get this straight.

It's a Class A misdemeanor for a CHL to carry a handgun while intoxicated.

It's legal for a non-CHL to carry a handgun in their car while intoxicated if someone else is driving.

It's legal for a postal inspector to carry a handgun while intoxicated.

[chabouk]

If you are involved in a shooting after that one drink you better believe it is going to become an issue.

This is the conventional wisdom, and we hear it repeated over and over.

But is there anything to back it up? Any legal cases where someone was put through the wringer over a legally justified shooting, just because they had a drink and were not intoxicated?

There was a recent case in North Carolina where two off duty federal correctional officers were in a restaurant that has a reputation for turning into a biker bar after 9 p.m. Around midnight they were involved in an altercation with another patron, so they left. The other patron (a member of a motorcycle club) and his buddy followed them outside, and exchanged shots in the parking lot. The biker fired one shot, hit nothing, but was hit multiple times by return fire and died at the scene. His buddy was arrested for illegally carrying a concealed handgun. It was reported that all had been drinking, but I have to believe the officer who fired the shots was not intoxicated by NC standards, because the DA filed the case with the grand jury with a recommendation of 2nd degree murder. They refused to indict him for anything.

[chabouk]

Let me get this straight.

It's a Class A misdemeanor for a CHL to carry a handgun while intoxicated.

It's legal for a non-CHL to carry a handgun in their car while intoxicated if someone else is driving.

It's legal for a postal inspector to carry a handgun while intoxicated.

If the non-CHL is "engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic" --which would include public intoxication-- then they lose coverage of the Motorist Protection Act.

But, it's legal for police to be drunk while armed. Disastrous for their career, probably (this isn't Chicago), but legal.

[jmra]

If you are involved in a shooting after that one drink you better believe it is going to become an issue.

This is the conventional wisdom, and we hear it repeated over and over.

But is there anything to back it up? Any legal cases where someone was put through the wringer over a legally justified shooting, just because they had a drink and were not intoxicated?

There was a recent case in North Carolina where two off duty federal correctional officers were in a restaurant that has a reputation for turning into a biker bar after 9 p.m. Around midnight they were involved in an altercation with another patron, so they left. The other patron (a member of a motorcycle club) and his buddy followed them outside, and exchanged shots in the parking lot. The biker fired one shot, hit nothing, but was hit multiple times by return fire and died at the scene. His buddy was arrested for illegally carrying a concealed handgun. It was reported that all had been drinking, but I have to believe the officer who fired the shots was not intoxicated by NC standards, because the DA filed the case with the grand jury with a recommendation of 2nd degree murder. They refused to indict him for anything.

First of all the case above has nothing to do with CHL or TX law. The fact of the matter is there are many variables that can lead to legal issues after a shooting. Even the smell of alcohol on your breath could bring your version of the events into question. Anyone who is willing to let alcohol become one of the "variables" is acting very foolishly and irresponsibly. As others have said, guns and alcohol don't mix. If that one drink is that important, leave the gun at home or better yet get some help.

[Oldgringo]

Not trusting someone elses discretion as to whether I am impaired or not. I personally wait to have a beer or Crown until I am sure I am in for the night, if we are going somewhere I know I will be having a drink or two I leave my gun in the safe and leave the driving and carrying to my wife.

I will admit I have not always been that bright. It's a wonder what finding a good woman does to improve your judgement.

Well said!

[surprise_i'm_armed]

Two federal corrections officers were drinking in a known biker bar?

Somebody needs to find a better place to drink.

I'm just sayin....

SIA

[smyrna]

I'm not sure if the facts given to me were accurate,
but a guy at work that had an DWI was forced by the
court to have a breath testing interlock installed on his
Ford.

He had to blow into it and be sober in order for the vehicle
to start.

Price of installation: $2,500. Plus if he wanted to change
vehicles - more money needed to be spent.

Wow!

SIA

I've seen those too. My parents were having new flooring installed in their home and I stopped by one day as one of the laborers was leaving for lunch...had his girl with him and he had one of those in his truck. My mom said, "What is that thing that she blows in just before he starts the truck?" I said, "Ummmm...Do you really want to know, Mom?"

The floor looked real good though...

[Dragonfighter]

Two federal corrections officers were drinking in a known biker bar?

Somebody needs to find a better place to drink.

I'm just sayin....

SIA

Ahem, I was a biker and being in a biker bar saved me from getting my hat handed to me one time.

Now, standing on a Razer scooter and an occasional shot of Nyquil is as wild as it gets.

Added in Edit: Actually watching reruns of American Chopper is as wild as it gets. I'm not allowed near a Razer; something about emergency rooms, time off from work, etc.

[srothstein]

Do I have the right to refuse a blood test by an officer on the side of the road? I know how hard it is to get blood from me under ideal conditions. There is no way I am going to submit to a blood test in the dark, on the side of the road, by a person who does not do this every single day.

This is a very important question and none of us can answer it as of right now. The law allows the cop to get a warrant for blood (and i won't debate this part right now). If you resist a cop serving a lawful warrant you are breaking the law.

But, is it resisting to demand a qualified person draw the blood? What are the qualifications you are looking for? Do you want a doctor, a nurse, a phlebotomist, or something else? In most cases, the cops who this themselves are certified phlebotomists. (And before anyone starts getting the dictionary out, a phlebotomist is a person who is trained to draw blood.)

The big problem is that Texas does not license phlebotomists as far as I can tell. The only references to it in the statutes mention a phlebotomist licensed in this state, but I cannot tell where it would come from. There is no board that I can find that issues such a license, nor any statute that I can find requiring a license before making a blood draw. In a google search I did find a home self study course that would lead to a national phlebotomist certification and I certainly am not letting someone near me with a needle if his certification came from a home self study course.

I think, and I emphasize this is just my personal opinion, that I would not let anyone near me with a needle if I was not convinced that they were both a medical professional and someone who drew blood on a regular basis. Note that this excludes most doctors who would normally let their nurses or lab techs draw the blood. I would accept going to jail for resisting the search and then test in court exactly how far my rights go.