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at Home drinking?

This is a discussion on at Home drinking? within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Here's To You! Cheers!...

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Thread: at Home drinking?

  1. #16
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  2. #17
    Senior Member Array Andy W.'s Avatar
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    Quote Originally Posted by SIGP250 View Post
    It would be very unlikely for you to be subjected to a breath, urine or any other test if a shooting were to occur inside your house immediately after the incident. If asked, it is your right to decline any tests or for that matter even to decline speaking to the LEO's who might arrest you, without an attorney present. It would normally be at least 8 hours after an incident before any detectives would interview you for a statement. By then, your blood/alcohol content would normally be lower than any legal limit. If the LEO's latter testify in court that alcohol was smelled on your breath or that two empty liquor bottles were present on your coffee table, you seemed to be drunk when they arrived, etc. It would only be additional testimony that would probably not hold up or even be allowed to be entered for testimony. Who is to judge that perhaps you were so upset after the shooting incident, you happened to slug down a pint of Jack to calm yourself before the LEO's arrive on the shooting scene.

    The first defense for you in a situation such as you have described even if you are three sheets to the wind at the time, would be to keep your mouth shut when LEO's arrive and call an attorney ASAP.
    Excellent advice!
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  3. #18
    Distinguished Member Array kelcarry's Avatar
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    Hey Y'all: The Shadow and SC Law says it all. If you are in danger of imminent bodily injury or death IN YOUR HOUSE it makes no sense that before you do anything you must check your blood alcohol. Other than that scenario, if you carry outside your home, you better be careful about drinking. regardless of the limits on alcohol. Just losing a little of your judgement because of a buzz may be enough to put you in jail if you present your CCW in some kind of altercation.

  4. #19
    VIP Member Array JonInNY's Avatar
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    Quote Originally Posted by TheShadow View Post
    True but: Having embalming fluid in your system is gotta be worse
    +1 That is very well said!
    "Democracy is two wolves and a lamb voting on what to have for lunch; Liberty is a well-armed lamb contesting the vote."
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  5. #20
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    SC Law says it all. If you are in danger of imminent bodily injury or death IN YOUR HOUSE it makes no sense that before you do anything you must check your blood alcohol.

    For sure, first check your blood alcohol level with a home breathalyser test before you shoot an intruder that forcefully breaks into your house and threatens bodily harm to you our your immediate family.

    Prior to shooting an assailant, it is advisable that you practice this drill after a few cocktails often because you will only have at best 3-5 seconds to give yourself the breath test, draw your weapon and shoot.
    If you understand, things are just as they are... If you do not understand, things are just as they are....
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  6. #21
    VIP Member Array TedBeau's Avatar
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    I believe the law concerning the blood alcohol level only applies to the CPL. Since in Michigan you do not need a CPL to carry, (Even Concealed) in your home I think the .02 Blood Alcohol would not be enforced. If the DA wanted to prove that you were under the influence he would have to prove a higher level, and still he would have to convince a jury that that had an effect on the outcome. I figure if the guy breaks into my house, his lawyer needs to prove why I can't defend myself.

  7. #22
    Member Array ak56's Avatar
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    Quote Originally Posted by SIGP250 View Post
    [... first check your blood alcohol level with a home breathalyser test before you shoot an intruder that forcefully breaks into your house and threatens bodily harm to you our your immediate family.

    Prior to shooting an assailant, it is advisable that you practice this drill after a few cocktails often because you will only have at best 3-5 seconds to give yourself the breath test, draw your weapon and shoot.
    What type of holster works best for the breathalyser?

  8. #23
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    Quote Originally Posted by ak56 View Post
    What type of holster works best for the breathalyser?
    I think there might be a glow in the dark model. What is that name? X-Lax or something like that.
    If you understand, things are just as they are... If you do not understand, things are just as they are....
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  9. #24
    Distinguished Member Array tiwee's Avatar
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    http://www.defensivecarry.com/vbulle...toxicated.html

    The Missouri Attorney General has someone before the Missouri Supreme Court for being intoxicated and in possession of a weapon in his own home. The case has been argued and the decision is pending. This is possession, not use of the weapon.

  10. #25
    Senior Member Array psychophipps's Avatar
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    I make a conscious decision to lock up my firearm in the safe before I drink any alcohol. Not even a sip of any adult beverage hits my lips if I'm carrying, and that's as much as legally possible.

  11. #26
    VIP Member Array ccw9mm's Avatar
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    Impulse:

    The mere idea that you're even asking shows that people on a jury can support the concept that being intoxicated while being anywhere near a firearm can be dangerous ... even in one's own home. ('Cause, what could happen to others, if yadda yadda yadda.)

    The statutes supporting one's own behavior in one's own home are pretty strong. Still, alcohol to the point of intoxication is something else entirely. Safer all around to not get into a wringer while intoxicated, in your home or not. Why? You never know what a jury will do. Safer to avoid the situation. Am simply saying that if it turns out a situation required judgment and you show a decided awful lack of it while armed, it's going to be ugly to explain. That's all. It doesn't really matter much, in that sense, whether it's in your own home or not.

    Perhaps you've got a strong leg to stand on if two criminals bust down your door. You'll have a much weaker one if you're attempting to eject two guests who decided to take advantage of you in your intoxicated state. Explaining it then would have the wrinkle of being intoxicated and wouldn't be so cut-and-dried as a home invasion. That's all I'm sayin'.

    That all being said, having to explain isn't the worst part. Whatever is going to occur due to the bad judgment might well end up being the worst of all of it. We all see what drunks are capable of. All things considered, if armed it might well be better to simply not go there.

    Use your head. It's there for a reason.

    Of course, all of this is fairly easy for me to say, since I don't drink but ~10oz of any alcoholic beverage in an entire year.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
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  12. #27
    VIP Member Array obxned's Avatar
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    Were you drinking before your home was invaded and you were forced to defend yourself, or after?
    "If we loose Freedom here, there's no place to escape to. This is the Last Place on Earth!" Ronald Reagan

  13. #28
    Ex Member Array Ram Rod's Avatar
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    Quote Originally Posted by dukalmighty View Post
    If they break in my house It doesn't matter how many drinks I've had the BG is a threat and will be dealt with,I personally don't drink,but the law doesn't say if your in your home after drinking you can't defend yourself
    My thinking as well. Do you want to worry about laws, or live? Seems pretty simple to me. I guess it always has. I choose life...whatever I have left of it at the time. Even ten years in prison to remain alive would well be worth it. Life is a one time gift. We alone should make our own demise, or depend on an almighty source to determine if we will. Leave it up to no other human being to choose the time nor the place for ending our greatest gift. Laws against life are made by the earthbound and confused, and designed to distract us from a straight and unimpeded path to our end goal. For all intents and purposes, these things are evil........to sway a mortal's mind into thinking wrongly. Your will to live determines where the edge lies. Believe in yourself or in others.

  14. #29
    VIP Member Array ccw9mm's Avatar
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    I personally don't drink,but the law doesn't say if your in your home after drinking you can't defend yourself
    It's not about being disallowed from defending oneself. These discussions of intoxication never are. Here we are, again, having to dispel that misconception and incorrect "read" of the scenario, I think. Nobody is suggesting one doesn't have the right to defend against crime. To my knowledge no such discussion we've had has ever resulted in anyone suggesting one doesn't have the right. It's not about not having the right to defend against crime.

    It's about the idea of failed judgment and going "too far" (whatever that may be).

    In a home invasion, it's pretty bloody clear who's in the "right" and who's the criminal.

    Not all situations are so clear-cut. There's the rub, with judgment. The muddier the situation gets, the tougher it can be to lay claim to having executed good judgment. Particularly when someone's laying in a pool of blood, toes-up.

    The problem really is about intoxication and what it is known to do to judgment. Therefore, it's pretty much proof that you had less-than-perfect judgment. Point is, in a situation where your judgment and actions can be called into question, as in any he-said / she-said type deal, it simply gets harder to lay claim to the judgmental high ground if you're intoxicated. That's all.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, SAF, GOA, OFF, ACLDN.

  15. #30
    Distinguished Member Array Pro2A's Avatar
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    Quote Originally Posted by Impulse138 View Post
    So I can not search threads on my phone (so if this has been answered I'm sorry). But being 21 years old and being to CC and drink at the same age is confusing to me. I know here in michigan it is .02 BAC while CCing and I do know the laws and I do not break any laws. I do not carry if I am going to have a beer or 2.

    Now the question... When at home I like to mix me a few drinks after a hard work day like most people but I am never to the point where my judgment is gone, I am probably still under the .08 BAC for legal driving limit. What do you do if you are over .02BAC when at home and somebody breaks into my house and I am defending my castle as stated by law. What type of trouble would i get into or how would they go about it? I appreciate your answers and insight as I read on here everyday. Also to add unlike probably most kids that are 21 I am never one to get so completley drunk I am inoperable so that scenerio is out of the question. It's just about being over the .02 limit. Thanks
    I believe if you are home, alcohol is not a factor if it was a justifiable shoot. Thats like saying you can't defend yourself if you are drunk.

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