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Re: CHL and having a drink
Posted: Mon Jul 29, 2013 2:36 am
by anomie
Big picture, I'm a responsibility/consequences kind of guy. If somebody has a single drink, isn't drunk, and nothing happens - nothing happened (the point where we prohibit by law should be the point where we collectively decide the risk of a bad decision, and the benefit having legal consequences, actually justifies the prohibition). If something does happen - they own the consequences. (This is true for good consequences as well as bad)
I wouldn't support a "0.00 or no carry" law. I just think guaranteeing you're not intoxicated is simply and easily achieved by not drinking, so that's the choice I make. (I've probably talked about this too much already but I wanted that to be clear)
Re: CHL and having a drink
Posted: Mon Jul 29, 2013 4:19 am
by oohrah
Keith, thank you for the correction. My CHL instructor was wrong as well, and I'll pass this on to him.
Re: CHL and having a drink
Posted: Mon Jul 29, 2013 7:57 am
by WinoVeritas
In Texas it is sacrosanct to eat Tex-Mex without at least one beer. I'll not disarm for that.
My CHL class by a retired ADA stated zero tolerance was the law. I was elated to find at a later date he was bloviating his opinion, not the law.
Re: CHL and having a drink
Posted: Mon Jul 29, 2013 8:06 am
by GlockDude26
add another to the use common sense method. I personally don't drink except once in a blue moon but when I do I prefer......
haha you thought I was going to say dos equis didn't you?
I prefer to drink at the house since it's cheaper and you don't have to worry about driving
it isn't against the law to drink while carrying as long as you're not intox, but say if you were to get into an car accident or worse a situation in which you're forced to protect your life, and you use deadly force. the first sign of any drinking beforehand will be used against you weither intoxicated or not and it will hurt your chances big time.
Re: CHL and having a drink
Posted: Mon Jul 29, 2013 8:57 am
by Keith B
anomie wrote:<snip> guaranteeing you're not intoxicated is simply and easily achieved by not drinking, so that's the choice I make. (I've probably talked about this too much already but I wanted that to be clear)
The issue will be IF you have consumed alcohol, even if not intoxicated, and are involved in a CHL shooting the fact that you had alcohol on your breath WILL more than likely be another factor in the decision that the DA and/or Grand Jury has to consider when determining if t was a justified shoot. It is no different than the Joe Horn issue when they had the 911 tape of him stating he was going to go out and shoot the guys who were burglarizing the house next door. Any of these type of things will potentially play to the negative side for you, and if you can avoid them then the easier it may be to determine your justification for your actions.
Re: CHL and having a drink
Posted: Mon Jul 29, 2013 9:05 am
by Cedar Park Dad
Shoot_First wrote:Having seen the previous posts on the subject along with the current ones, I can understand the rationale for abstinence while carrying as a CHL holder. That said, let me put forth two scenarios for your consideration: (1) If you left your pistol at home or locked in your car trunk while having dinner at a restaurant with your family, had a beer during the meal, and just before you paid your check a BG entered the place and opened fire killing a number of patrons including your wife and wounding one of your two kids would you regret your decision to go unarmed? (2 if you sit at home at night and have a beer or two while in the family room watching TV with your wife with a pistol within easy reach, would you reach for it if your home were invaded by a BG?
I have carefully considered these and other scenarios where I have had one or two beers over time and I'm far from being legally impaired either to drive or to respond to a threat to me or my family and my decision has been and will continue to be to remain armed. I am prepared to suffer the consequences of my decisions because I believe the prospect of such scenarios, while possible, is very remote. It's a personal decision that each of us will have to make.
Dave
Don't have the beer and its a moot point.
Re: CHL and having a drink
Posted: Mon Jul 29, 2013 9:07 am
by Cedar Park Dad
Ultra_Solo_Sig_0904 wrote:
it isn't against the law to drink while carrying as long as you're not intox, but say if you were to get into an car accident or worse a situation in which you're forced to protect your life, and you use deadly force. the first sign of any drinking beforehand will be used against you weither intoxicated or not and it will hurt your chances big time.
Re: CHL and having a drink
Posted: Mon Jul 29, 2013 9:12 am
by Charles L. Cotton
Drinking and carrying is a two-part question; one part law and one part prudence.
Is it unlawful to drink and carry (not intoxicated)? No.
Is it prudent to drink and carry? No
Everyone gets to make their own choices and that's why I have a job.
Chas.
Re: CHL and having a drink
Posted: Mon Jul 29, 2013 9:29 am
by RogueUSMC
EEllis wrote:...Do all the threats that are so dire suddenly stop when you drink?...
no...but it would happen after undergoing anesthesia...lol
Re: CHL and having a drink
Posted: Mon Jul 29, 2013 9:55 am
by The Count
I tend to drink when the wife and I go out to eat for dinner, and she would usually end up being the DD
After getting my CHL I either only have a couple beers (not much at all for me over the course of a meal) or I plan ahead and keep the gun locked up in the vehicle or at home.
Re: CHL and having a drink
Posted: Mon Jul 29, 2013 9:58 am
by Jaguar
The Count wrote:I tend to drink when the wife and I go out to eat for dinner, and she would usually end up being the DD
After getting my CHL I either only have a couple beers (not much at all for me over the course of a meal) or I plan ahead and keep the gun locked up in the vehicle or at home.
I will just give my wife my gun - she can be the DC (designated carrier). That's the bonus of having your wife licensed.
Re: CHL and having a drink
Posted: Mon Jul 29, 2013 10:08 am
by The Annoyed Man
Jaguar wrote:The Count wrote:I tend to drink when the wife and I go out to eat for dinner, and she would usually end up being the DD
After getting my CHL I either only have a couple beers (not much at all for me over the course of a meal) or I plan ahead and keep the gun locked up in the vehicle or at home.
I will just give my wife my gun - she can be the DC (designated carrier). That's the bonus of having your wife licensed.
For me, it's the other way around. She will sometimes have a glass of wine with dinner, while I rarely ever drink, even at home. So when we're out, I'm the "designated shooter."
Re: CHL and having a drink
Posted: Mon Jul 29, 2013 10:15 am
by Jaguar
The Annoyed Man wrote:Jaguar wrote:The Count wrote:I tend to drink when the wife and I go out to eat for dinner, and she would usually end up being the DD
After getting my CHL I either only have a couple beers (not much at all for me over the course of a meal) or I plan ahead and keep the gun locked up in the vehicle or at home.
I will just give my wife my gun - she can be the DC (designated carrier). That's the bonus of having your wife licensed.
For me, it's the other way around. She will sometimes have a glass of wine with dinner, while I rarely ever drink, even at home. So when we're out, I'm the "designated shooter."
But I can't fit her .357 in my "European Man Bag".
Re: CHL and having a drink
Posted: Mon Jul 29, 2013 11:15 am
by race4beer
What I remember from my CHL class is that there is no "legal limit", and it is at the sole discretion of the officer to determine if you are impaired. Being impaired could be from alcohol, other drugs, or even drowsy from lack of sleep or from taking some over the counter allergy medication. My personal opinion is that this would fall under the "Do not operate heavy machinery" clause on most OTC medications. You may be fine, but if an officer is having a bad day or is in a general bad mood, you could be in trouble and having to prove your way out of it in court.
Re: CHL and having a drink
Posted: Mon Jul 29, 2013 11:36 am
by E.Marquez
race4beer wrote:What I remember from my CHL class is that there is no "legal limit", and it is at the sole discretion of the officer to determine if you are impaired. Being impaired could be from alcohol, other drugs, or even drowsy from lack of sleep or from taking some over the counter allergy medication. My personal opinion is that this would fall under the "Do not operate heavy machinery" clause on most OTC medications. You may be fine, but if an officer is having a bad day or is in a general bad mood, you could be in trouble and having to prove your way out of it in court.
Still, no sir.. not correct, regardless of what your instructor told you..
There is a legal definition of intoxicated
"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.