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.
Drinking while "Carrying"
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Re: Drinking while "Carrying"
Bill Davis [kg5ie]
TX LTC Instructor / School Safety Instructor
NRA Pistol Instructor
http://safe-2-carry.com
TX LTC Instructor / School Safety Instructor
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http://safe-2-carry.com
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Re: Drinking while "Carrying"
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.
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Re: Drinking while "Carrying"
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.
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Re: Drinking while "Carrying"
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.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.
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Re: Drinking while "Carrying"
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?
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Re: Drinking while "Carrying"
Once the guy sitting in your county jail loses his license and his job, you guys will cut him loose with no criminal charges?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?
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Re: Drinking while "Carrying"
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.nightmare wrote:Once the guy sitting in your county jail loses his license and his job, you guys will cut him loose with no criminal charges?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?
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Re: Drinking while "Carrying"
Misfit Child wrote: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.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.
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.
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Re: Drinking while "Carrying"
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.
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.
Original CHL: 2000: 56 day turnaround
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1st renewal, 2004: 34 days
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Re: Drinking while "Carrying"
You are assuming you are innocent until proven guilty...that boat sailed a long time ago.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.
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Re: Drinking while "Carrying"
There is no criminal law preventing them from carrying while intoxicated. It may however result in discipline by their department.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?
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
Re: Drinking while "Carrying"
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.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.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
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Re: Drinking while "Carrying"
ScottDLS wrote:There is no criminal law preventing them from carrying while intoxicated.nightmare69 wrote:Are you under the impression that LEOs are somehow exempt from carrying while intoxicated?
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