TexasCHLforum.com

Intoxicated, or Under the Influence, is defined the same thoughout every statute in the state of Texas(depending on age, of course).

I don't know why anybody thinks that carrying under the influence has some special definition that is mysteriously missing.

I was told in my CHL class,

"Don't drink any alcohol while carrying outside your home."

Works for me, and easy to remember.

My wife and I went to a friends house and I had quite a few beers and my wife was sober and she was driving. I took my firearm and put it in the trunck for the ride home. I really did not plan on drinking that nite but I did. Was this the right thing to do our was this act illegal?

Daltex1 wrote:My wife and I went to a friends house and I had quite a few beers and my wife was sober and she was driving. I took my firearm and put it in the trunck for the ride home. I really did not plan on drinking that nite but I did. Was this the right thing to do our was this act illegal?

Were you under the influence when you disarmed, and stored the gun?
I think the riskiest thing about it is that if it were apparent to a nosey neighbor that you were drinking and they happened to see you putting the gun, you were at risk of getting in trouble.

. . . you had a couple of drinks and you either are under the legal limit or someone drives you home in your car what are the laws on that?

First, off, I'll say drunks shouldn't carry firearms any more than they should be driving a car.

IANAL, but if you are not driving the car, there's a few things to remember if stopped:

1. Unless/until the LEO asks you for ID, there's no reason to inform him you have a CHL. If the LEO is only talking to the driver, keep your mouth shut and behave yourself. If/when he asks for ID, THEN give him your CHL along with your driver's license.

2. If you are not the driver, there is no "implied consent" requirement for you to take a field sobriety or BAC test. Don't.

3. Impairment doesn't require a breathalyzer or blood alcohol test, but unless you are exhibiting signs of impairment (passed out, slurred speech, etc.) there is no evidence that you are intoxicated.