TexasCHLforum.com

ScottDLS wrote: ↑Thu Sep 23, 2021 2:18 pm

jmorris wrote: ↑Thu Sep 23, 2021 1:34 pm ..

No, the standards for intoxication has not changed. It is still .08 OR impaired, and applies across the board. What changed was that because of the move of the wording a license holder can no longer be charged with carrying while intoxicated whereas a unlicensed individual can.

Or to be a little more precise, it is still the definition contained in PC 49.01:

(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.

The term "impaired" does not appear anywhere in TXPC Chapter 49. Some other states use the term in their statutes.

RPBrown wrote: ↑Thu Sep 23, 2021 8:07 am

chasfm11 wrote: ↑Thu Sep 23, 2021 6:38 am

Tex1961 wrote: ↑Wed Sep 22, 2021 9:56 pm
Yeah I know. It’s just (in my opinion) that 1927 was not thought out very well. I know that there are plenty of things that aren’t very clear and some just don’t make sense to me. That’s why this forum is so important, we read the laws and think we have a handle on all of the new changes, but it’s so easy to miss things. These discussions force me to go back and reread them. I know that knowledge is powerful stuff and hopefully makes me a better instructor, sans better informed students. I’ve seen plenty of very heated discussions on many forums with very smart and knowledgeable people but a lot of times they get it wrong too. And I’ve definitely been on both sides. I’m not afraid to admit when I’m wrong but I want to see proof first.

But here is the real problem: the number of users of this forum are but a fraction of the LTC holders in Texas. Even if every forum user read and understood everything posted here, it is hardly a dent in the overall LTC population and the general understanding. That is why it is important for the Texas Legislature to not make these matters any more convoluted then necessary. We are responsible to understand the law but there is no way to really do that if it a labyrinth of "go here" references. If you accept the fact that people who don't follow up on any educational material after taking a class on it lose 80% of what they learned in the class, it is easy to see why people might be in the dark about the finer points of these discussions.

Just think though, even as we on this forum, and assuming other forums, read and discuss the laws, LEO's are told about them with very little additional training or information compared to what we receive here. I may be wrong on this and please let me know if I am. There are so many new laws that come out of every legislative session, they have to be briefed on all of them.

Now, if I understand correctly, it is now written that to be considered intoxicated, you have to register a .08 just as if you were driving where before it was at the discretion of the officer. If this is correct, at least they cleaned that up a little.

Tex1961 wrote: ↑Wed Sep 22, 2021 6:31 pm .......

Well, as I originally said. I concede. An like you said. A Gem that I missed.