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Keith B wrote:What I tell people is that while it is legal to consume alcohol while carrying, it is illegal to become intoxicated. SO, you are better to not drink while carrying as the determination is left up to the individual officer's discretion, and if you have not been drinking there is less question about your being possibly intoxicated. The exact same advice goes for getting behind the wheel of a motor vehicle.

kg5ie wrote:

Keith B wrote:What I tell people is that while it is legal to consume alcohol while carrying, it is illegal to become intoxicated. SO, you are better to not drink while carrying as the determination is left up to the individual officer's discretion, and if you have not been drinking there is less question about your being possibly intoxicated. The exact same advice goes for getting behind the wheel of a motor vehicle.

My chief arrested a soon to be former CHL holder. Got a call a man was drunk and causing a disturbance, we arrive to find he has been telling people he is armed and ready to use it. He was in fact armed and had a CHL. We charged him with TPC 46.035 (d) which is a class A misdemeanor. I told him that he is making all other CHL holders including myself look bad. Just don't carry of you are going to drink.

nightmare69 wrote:My chief arrested a soon to be former CHL holder. Got a call a man was drunk and causing a disturbance, we arrive to find he has been telling people he is armed and ready to use it. He was in fact armed and had a CHL. We charged him with TPC 46.035 (d) which is a class A misdemeanor. I told him that he is making all other CHL holders including myself look bad. Just don't carry of you are going to drink.

I think Texas is long overdue for a similar standard for civilian LEO. One of the few things worse than a drunk with a gun is a drunk with a gun and a badge.

If and LEO did the same as the gentalman sitting in our county jail he would lose his peace officer lisence along with his career in law enforcement. The news would be all over it calling for the officers head. Are you under the impression that LEOs are somehow exempt from carrying while intoxicated?

nightmare69 wrote:If and LEO did the same as the gentalman sitting in our county jail he would lose his peace officer lisence along with his career in law enforcement. The news would be all over it calling for the officers head. Are you under the impression that LEOs are somehow exempt from carrying while intoxicated?

Once the guy sitting in your county jail loses his license and his job, you guys will cut him loose with no criminal charges?

nightmare wrote:

nightmare69 wrote:If and LEO did the same as the gentalman sitting in our county jail he would lose his peace officer lisence along with his career in law enforcement. The news would be all over it calling for the officers head. Are you under the impression that LEOs are somehow exempt from carrying while intoxicated?

Once the guy sitting in your county jail loses his license and his job, you guys will cut him loose with no criminal charges?

That is not up to me. I'm just a peon deputy, I do not have the authority to drop charges plus it was not my arrest.

Misfit Child wrote:

nightmare69 wrote:My chief arrested a soon to be former CHL holder. Got a call a man was drunk and causing a disturbance, we arrive to find he has been telling people he is armed and ready to use it. He was in fact armed and had a CHL. We charged him with TPC 46.035 (d) which is a class A misdemeanor. I told him that he is making all other CHL holders including myself look bad. Just don't carry of you are going to drink.

I think Texas is long overdue for a similar standard for civilian LEO. One of the few things worse than a drunk with a gun is a drunk with a gun and a badge.

Seriously...When is the last time you have seen a police officer in uniform, or carrying his gun or badge and drinking in a bar. My job requires me to be in 6 -10 bars a day and i see police officers just released from duty, in uniform drinking water and playing darts or pool or talking but never drinking....never... makes me wonder what city you are in because if they were caught doing that here they would as said before, have a lot to lose.

I don't defend drunken carry any more than I would defend drunken driving.

But AFAIK, there is no "implied consent" law to submit to a BAC or other sobriety test unless you ARE driving. If you're NOT driving, this would make proof of "intoxicated carry" more difficult for LEOs contemplating your arrest unless you're downright drunk - and behaving that way.

HankB wrote:I don't defend drunken carry any more than I would defend drunken driving.

But AFAIK, there is no "implied consent" law to submit to a BAC or other sobriety test unless you ARE driving. If you're NOT driving, this would make proof of "intoxicated carry" more difficult for LEOs contemplating your arrest unless you're downright drunk - and behaving that way.

You are assuming you are innocent until proven guilty...that boat sailed a long time ago.

nightmare69 wrote:If and LEO did the same as the gentalman sitting in our county jail he would lose his peace officer lisence along with his career in law enforcement. The news would be all over it calling for the officers head. Are you under the impression that LEOs are somehow exempt from carrying while intoxicated?

There is no criminal law preventing them from carrying while intoxicated. It may however result in discipline by their department.

HankB wrote:I don't defend drunken carry any more than I would defend drunken driving.

But AFAIK, there is no "implied consent" law to submit to a BAC or other sobriety test unless you ARE driving. If you're NOT driving, this would make proof of "intoxicated carry" more difficult for LEOs contemplating your arrest unless you're downright drunk - and behaving that way.

While Texas law says you don't have to submit to a breathalyzer, the state supreme court has upheld warrants for a mandatory blood draw and you can be detained until they can get a warrant issued and a blood draw done.

ScottDLS wrote:

nightmare69 wrote:Are you under the impression that LEOs are somehow exempt from carrying while intoxicated?

There is no criminal law preventing them from carrying while intoxicated.