Defensive situation while intoxicated

Defensive situation while intoxicated

This is a discussion on Defensive situation while intoxicated within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; So I was thinking the other night about this scenario, I would like to get some input. You are sitting at home and watching some ...

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Thread: Defensive situation while intoxicated

  1. #1
    New Member Array Dybolic's Avatar
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    Defensive situation while intoxicated

    So I was thinking the other night about this scenario, I would like to get some input.

    You are sitting at home and watching some sports, and enjoying a few beers. Around your 6-7th beer a crazy man kicks down your door and you shoot him. Turns out he was unarmed, just a raving psychopath.

    So at least in Arizona there is a Castle law.. so you would be justified in shooting in this case (because you were drinking)?

    What are the legal repercussions of being intoxicated in this case?
    Phoenix AZ

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  2. #2
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    What are the legal repercussions of being intoxicated in this case?
    Not good.

    You "judgment" would be called into question.
    Did you fear for your life? More than likely you would have to give a blood sample because a death was involved. The fact that you would test high would not be good.

    A lawyer might say that you were too drunk to make a good judgment because you didn't notice that the man was unarmed when you shot.

    Right or wrong, you can bet that that fact that you were drunk would be a major issue in the case.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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    VIP Member Array dukalmighty's Avatar
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    In Tx Your good,anybody kicks your door in is a threat and whether you see a weapon or not can stop the threat,Outside the home If you drink to the point you are legally too intoxicated to drive you shouldn't be carrying,I personally wouldn't want any extenuating circumstances to cloud a SD shooting.
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    VIP Member Array Paco's Avatar
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    Quote Originally Posted by dukalmighty View Post
    In Tx Your good,anybody kicks your door in is a threat and whether you see a weapon or not can stop the threat,Outside the home If you drink to the point you are legally too intoxicated to drive you shouldn't be carrying,I personally wouldn't want any extenuating circumstances to cloud a SD shooting.
    +1, we are good to go. But I also would lock it up if I plan on getting toasted. But being a Dad of 4 (with 1 on the way) I don't get toasted, just enough to take the edge off

    "Don't hit a man if you can possibly avoid it; but if you do hit him, put him to sleep." - Theodore Roosevelt

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    I can't remember the last time I got 'toasted', it just doesn't happen anymore. I'm never to the point of having had too much...kick in my door and I'm going to be sure to empty my mag(s) so as to insure that the threat isn't leaving in an upright position.
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    VIP Member Array Paco's Avatar
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    Quote Originally Posted by retsupt99 View Post
    I can't remember the last time I got 'toasted', it just doesn't happen anymore.
    Its no fun when you have responsibilities in the morning.
    "Don't hit a man if you can possibly avoid it; but if you do hit him, put him to sleep." - Theodore Roosevelt

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  7. #7
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    Be polite and lawyer up while you sober up!
    ALWAYS carry! - NEVER tell!

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    VIP Member Array Janq's Avatar
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    Quote Originally Posted by Thumper View Post
    Be polite and lawyer up while you sober up!
    Bingo! ^^

    Indicate that your feel stressed, ill, and physically not right.
    Ask/demand for medical services and to be taken to a hospital. Ask for a sedative to help calm and relax your nerves.
    All the while insist that you would like to be as helpful to the police as possible, after your attorney arrives and your speak with him/her first.

    As time goes by your BAC will be dropping like the stock market thanks to your increase in metabolism as result of the adrenaline dump you'll have experienced. As well as the time it will take before you actually get tested after ambulance transport, triage/evaluation, check-in, and administration of relaxive drugs...two or four hours later on the inside if not longer.

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    Distinguished Member Array tiwee's Avatar
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    "Around your 6-7th beer a crazy man kicks down your door and you don't shoot him. Turns out he was an armed, raving psychopath". Changed that for you. You are still drunk, but you might be dead.
    If this happens to me, I just hope I am able to react. I am not sure I could hit an intruder after two beers, much less six. Whatever. That is a risk I am just going to have to take. Likes my beer after a hot sweaty day.

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    The same standards apply, even if you've been taking yourself out your element. But, it all rests on what a "reasonable" man would do in a similar situation and, as people have mentioned, that rests on judgment. Judgment that's known and agreed to be altered by booze. While it doesn't change the facts of the threat, it can be seriously leveraged by those attacking you in court as to your soundness of judgment.
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  11. #11
    VIP Member Array mlr1m's Avatar
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    In some states with castle laws anyone who breaks in is asumed to be there to do you harm. Armed or not doesn't matter. Check out your states law.

    Michael

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    VIP Member Array Thanis's Avatar
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    As most have stated, per the castle doctrine, in those states, I think your fine. At the same time, as others have said, sober up as you lawyer up. Something like, I was in fear for my life, my nerves, I'll say more once I can talk to a lawyer, I need to sit down, give me a minute, can I have one more minute, I just need to sit."

    Wanted to add, one reason, when I drink at home, I don't line up beer bottles. I though about that situation, and don't want bottles everywhere. Then again, when I do drink, I tend to get a keg nurse it for a few days. I don't drink often, but when I do (1 - 2 times a year) it is an extended weekend event.

    I'm less worried about the home intruder then I am being at a family event (where I'm staying overnight), and then something happens, say out at a camp fire on family property.
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    Quote Originally Posted by HotGuns View Post
    Not good.

    You "judgment" would be called into question.
    Did you fear for your life? More than likely you would have to give a blood sample because a death was involved. The fact that you would test high would not be good.

    A lawyer might say that you were too drunk to make a good judgment because you didn't notice that the man was unarmed when you shot.

    Right or wrong, you can bet that that fact that you were drunk would be a major issue in the case.
    The bold portions sum it up for me.

    It's a common question to be asked if, when and how much alcohol or other mind altering drug, prescription or not, you have consumed when you are involved in a shooting. That's why I won't go to work if I've taken a Vicodin in the previous 16 hours.

    Yes, I have a prescription for Vicodin that I use throughout the year. I even tested positive when I did my physical. Also, by policy I have to be alcohol free for at least 8 hours prior to going to work, if I recall the policy correctly, and I'm betting I do.

    Castle Doctrine hasn't been tested much in the courts, but I look for that to change.

    Biker

  14. #14
    Senior Member Array JohnK87's Avatar
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    Not to mention Castle Doctrine might shield you criminally, but not in civil court (your mileage may vary, past performance does not indicate future results, yada yada)

    Guns and alcohol are not a good mix.
    ‎An enemy of liberty is no friend of mine. I do not owe respect to anyone who would enslave me by government force, nor is it wise for such a person to expect it. -- Isaiah Amberay

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    Quote Originally Posted by Dybolic View Post
    So I was thinking the other night about this scenario, I would like to get some input.

    You are sitting at home and watching some sports, and enjoying a few beers. Around your 6-7th beer a crazy man kicks down your door and you shoot him. Turns out he was unarmed, just a raving psychopath.

    So at least in Arizona there is a Castle law.. so you would be justified in shooting in this case (because you were drinking)?

    What are the legal repercussions of being intoxicated in this case?
    You can shoot him if he enters your house, crazy or not under the Castle Doctrine. You will have to answer for it and if you were drinking it might be asked by some astute lawyer. If you do get drunk and shoot someone, make sure your kill him, that way there is only one story when your go to court, only yours, not yours and the assailant.
    If you understand, things are just as they are... If you do not understand, things are just as they are....
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