CWI, Carrying While Intoxicated?

[locke_n_load]

On the facebook group Texas Concealed Carry, an interesting post was started "would you carry if you were having just 1 or 2 drinks"... I stated my position and then someone said something about CWI being "on the books" in Texas. I have never heard of the term, in either being a term used in language or being a position for prosecution. Is that true? Input from Charles and any other CHL instructors is greatly appreciated. And I am not talking about what's in the penal code, paraphrased "carrying while intoxicated is prohibited" in which intoxicated is basically officer's discretion. I am only talking about the phrase or acronym being "on the books". I also don't recall it being passed or discussed in the last legislative session.

[rockinar]

I don't have an issue with people who had 1 or 2 beers just like people driving after 1 or 2. I personally would not do it. That's just me. There's some people who don't drink at all who are scary and should not be carrying at all sober.

[jbarn]

On the facebook group Texas Concealed Carry, an interesting post was started "would you carry if you were having just 1 or 2 drinks"... I stated my position and then someone said something about CWI being "on the books" in Texas. I have never heard of the term, in either being a term used in language or being a position for prosecution. Is that true? Input from Charles and any other CHL instructors is greatly appreciated. And I am not talking about what's in the penal code, paraphrased "carrying while intoxicated is prohibited" in which intoxicated is basically officer's discretion. I am only talking about the phrase or acronym being "on the books". I also don't recall it being passed or discussed in the last legislative session.

By CWI he is probably referring to penal code 46.035 (d) (Unlawful Carry of Handgun by License Holder)

.....
(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.

There is no separate offense, it is part of 46.035. It is often referred to unofficially as CWI.

[apostate]

I 've seen the acronym UCW many times during my 18 years of licensed carry but CWI is a new one to me.

[Keith B]

I don't think it is officially called CWI like a DWI is, but it is basically the same. Intoxicated has the same meaning and guidelines for carry as it does for driving. Penal code 49.01 has the definition for intoxicated

§ 49.01. DEFINITIONS. In this chapter:
(1) "Alcohol concentration" means the number of grams
of alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine.
(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.
(3) "Motor vehicle" has the meaning assigned by
Section 32.34(a).
(4) "Watercraft" means a vessel, one or more water
skis, an aquaplane, or another device used for transporting or
carrying a person on water, other than a device propelled only by
the current of water.
(5) "Amusement ride" has the meaning assigned by
Section 2151.002, Occupations Code.
(6) "Mobile amusement ride" has the meaning assigned
by Section 2151.002, Occupations Code.

[jbarn]

DWI (Driving while intoxicated) is a named offense in the penal code. CWI(Carrying while intoxicated) is not, and a person arrested for carrying a handgun while intoxicated would be charged with "Unlawful Carry of Handgun by License Holder".


An interesting tidbit, and a fact that resulted in proposed legislation;

Notice that in chapter 49 the definition of intoxication reads, "In this chapter", meaning chapter 49. That means that the definition there does not extend to other chapters of the code. A bill was introduced last session that would have added another definition of intoxication to chapter 46. Currently chapter 46 has THIS definition in 46.06

(1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body.

, but again, that only applies to section 46.06.

In the code, definitions are either made for the entire code, reference by the phrase "in this code", by the chapter, referenced by the phrase "in this chapter" or by the part of a chapter, referenced by "in this section".

In chapter 1, terms such as bodily injury are defined and apply to the entire code.

In chapter 49, intoxication is applied to only chapter 49.

In chapter 46, we find a term that has two different definitions within the same chapter; "premises". In 46,02 premises is defined as real property or a recreational vehicle being used as a living quarters. In 46.03 and 46.035, premises has a much more narrow definition, meaning a building or portion of a building. Those specific sections of chapter 46 each list the specific definition for that specific section. However, those definitions only to those specific sections.

When section 46.02 says it is unlawful to carry a handgun unless you are on your own premises, the term premises mean real property or a recreational vehicle. When 46.03 says it is unlawful to carry on the premises on a school, it only means a building or portion of a building.


When a term is not defined in the code the standard definition is used.

Technically there is no definition of intoxicated in the code for use in 46.035. However, prosecutors and defense attorneys whom I have spoken to have all indicated that for practical purposes, the definition of 49.01(2)(A)

The bill that was introduced, but did not pass, was HB153, 83rd Regular Session

A BILL TO BE ENTITLED

AN ACT
relating to the definition of intoxicated for purposes of certain
weapons offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.01, Penal Code, is amended by adding
Subdivision (18) to read as follows:
(18) "Intoxicated" has the meaning assigned by Section
49.01.

That bill would have also deleted the definition in 46.06 since the definition above would have applied to all of chapter 46.

[Keith B]

Technically there is no definition of intoxicated in the code for use in 46.035. However, prosecutors and defense attorneys whom I have spoken to have all indicated that for practical purposes, the definition of 49.01(2)(A)

The bill that was introduced, but did not pass, was HB153, 83rd Regular Session

A BILL TO BE ENTITLED

AN ACT
relating to the definition of intoxicated for purposes of certain
weapons offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.01, Penal Code, is amended by adding
Subdivision (18) to read as follows:
(18) "Intoxicated" has the meaning assigned by Section
49.01.

That bill would have also deleted the definition in 46.06 since the definition above would have applied to all of chapter 46.

Actually, 49.01 is the code that is used for UCW. TPC 46.035 states:

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.....
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.

So you go to Subchapter H, Chapter 411, Government Code, which says:

SUBCHAPTER H. LICENSE TO CARRY A CONCEALED HANDGUNSec. 411.171. DEFINITIONS. In this subchapter.....
(6) "Intoxicated" has the meaning assigned by Section 49.01, Penal Code.

And then you are at TPC 49.01

So, the only thing the legislation would have done is clarified the link to 49.01 in Chapter 46 without having to go through the government code to get the definition.

[jbarn]

Technically there is no definition of intoxicated in the code for use in 46.035. However, prosecutors and defense attorneys whom I have spoken to have all indicated that for practical purposes, the definition of 49.01(2)(A)

The bill that was introduced, but did not pass, was HB153, 83rd Regular Session

A BILL TO BE ENTITLED

AN ACT
relating to the definition of intoxicated for purposes of certain
weapons offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.01, Penal Code, is amended by adding
Subdivision (18) to read as follows:
(18) "Intoxicated" has the meaning assigned by Section
49.01.

That bill would have also deleted the definition in 46.06 since the definition above would have applied to all of chapter 46.

Actually, 49.01 is the code that is used for UCW. TPC 46.035 states:

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.....
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.

So you go to Subchapter H, Chapter 411, Government Code, which says:

SUBCHAPTER H. LICENSE TO CARRY A CONCEALED HANDGUNSec. 411.171. DEFINITIONS. In this subchapter.....
(6) "Intoxicated" has the meaning assigned by Section 49.01, Penal Code.

And then you are at TPC 49.01

So, the only thing the legislation would have done is clarified the link to 49.01 in Chapter 46 without having to go through the government code to get the definition.

That is an interesting circle..........

[Keith B]

Actually, 49.01 is the code that is used for UCW. TPC 46.035 states:

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.....
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.

So you go to Subchapter H, Chapter 411, Government Code, which says:

SUBCHAPTER H. LICENSE TO CARRY A CONCEALED HANDGUNSec. 411.171. DEFINITIONS. In this subchapter.....
(6) "Intoxicated" has the meaning assigned by Section 49.01, Penal Code.

And then you are at TPC 49.01

So, the only thing the legislation would have done is clarified the link to 49.01 in Chapter 46 without having to go through the government code to get the definition.

That is an interesting circle..........[/quote]

But don't you agree? All chapters have their definitions. And subchapter 46.035 states you are carrying under Subchapter H, Chapter 411, Government Code. The definition exists in the GC and specifically points to 49.01 which is the same for all intoxication offenses unles otherwise defined in their specific chapter/subchapter.

[jbarn]

But don't you agree? All chapters have their definitions. And subchapter 46.035 states you are carrying under Subchapter H, Chapter 411, Government Code. The definition exists in the GC and specifically points to 49.01 which is the same for all intoxication offenses unles otherwise defined in their specific chapter/subchapter.

I don't disagree....... I would feel better if 460.35 referenced the specific definition in the GC or PC 49.

[locke_n_load]

That is an interesting circle, and the definition of premise there in the two different places pretty confusing. Thanks for all that info guys.

And I agree about it really being UCW and not really "CWI"... It was just the way that guy was saying that it was "now officially on the books in Texas".
I was thinking to myself that the definition of impairment has been on the books for quite a long time and has never been referred to as "CWI". That was my problem with the statement, not that debating on an FB is going to do much...

[Keith B]

But don't you agree? All chapters have their definitions. And subchapter 46.035 states you are carrying under Subchapter H, Chapter 411, Government Code. The definition exists in the GC and specifically points to 49.01 which is the same for all intoxication offenses unles otherwise defined in their specific chapter/subchapter.

I don't disagree....... I would feel better if 460.35 referenced the specific definition in the GC or PC 49.

I agree is shoudl be clearly defined in TPC 46 and point to 49.01. The legislation would have shown that 49.01 is (as it has been) the definition of intoxication for UCW. Do not pass go, do not make up your own definition for it.

[jbarn]

That is an interesting circle, and the definition of premise there in the two different places pretty confusing. Thanks for all that info guys.

And I agree about it really being UCW and not really "CWI"... It was just the way that guy was saying that it was "now officially on the books in Texas".
I was thinking to myself that the definition of impairment has been on the books for quite a long time and has never been referred to as "CWI". That was my problem with the statement, not that debating on an FB is going to do much...

It is not UCW, UCW refers to PC 46.02.

[Keith B]

That is an interesting circle, and the definition of premise there in the two different places pretty confusing. Thanks for all that info guys.

And I agree about it really being UCW and not really "CWI"... It was just the way that guy was saying that it was "now officially on the books in Texas".
I was thinking to myself that the definition of impairment has been on the books for quite a long time and has never been referred to as "CWI". That was my problem with the statement, not that debating on an FB is going to do much...

It is not UCW, UCW refers to PC 46.02.

Well, it's 2/3 right. It would be UCHLH (46.035 Unlawful Carrying of Handgun by License Holder)

[cb1000rider]

What your rear here. CWI (or related real charge) is discretionary. It's completely up to the professional opinion of the arresting LEO. I say professional, as LEOs are trained to recognize intoxication. So it's a LEOs call.

Unlike DWI there is no standard test procedure or BAC level required... Be careful.