Drinking while Carrying

This is a discussion on Drinking while Carrying within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; This thread got me thinking, the drinking is a no braner but if you take a lot of pain meds for chronic pain and do ...

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Thread: Drinking while Carrying

  1. #31
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    This thread got me thinking, the drinking is a no braner but if you take a lot of pain meds for chronic pain and do pop someone is there a BNC like a BAC level in your body ? I'm not talking about abusing them just taking them on a daily basis ? would the DA twist it ?
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  3. #32
    Member Array Ianator's Avatar
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    Correct me if I am wrong but this is not stating any law as to how much you can drink legally while carrying. The first quote is stating definitions of what words or phrases mean. The second one is also stating the definition of what "intoxicated" means.
    Now, there might be something in the chapter 49.01 that states the law on carrying and being intoxicated (the fact that they give a formal definition at the beginning of the chapter seems to indicate that it might.) but what you posted simply tells me what the state of Texas' definition of intoxicated is.

    later....
    Although, I just read that chapter and it seems to deal more with operating equipment. (cars, boats, amusement park rides, etc.)
    http://www.statutes.legis.state.tx.u.../htm/PE.49.htm
    Nothing whatsoever in there about a limit while carrying.

  4. #33
    Senior Member Array mastercapt's Avatar
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    In Florida, the statutes actually define intoxicated as .08. However, you are exempt from this if you use your gun for lawful self defense.
    I also think they would have a hard time convicting anyone within thier own home.
    Like the man said, in Texas you'd probably get a medal and some more ammo.

  5. #34
    VIP Member Array Janq's Avatar
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    Quote Originally Posted by Ianator View Post
    ...Driving while intoxicated is a serious thing not to be taken lightly!...I waited 2 hours before re-arming and 3 hours before driving home.
    My man!

    - Janq was hit and life permanently changed by a drunk driver

    Quote Originally Posted by rson63 View Post
    This thread got me thinking, the drinking is a no braner but if you take a lot of pain meds for chronic pain and do pop someone is there a BNC like a BAC level in your body ? I'm not talking about abusing them just taking them on a daily basis ? would the DA twist it ?
    In MA along with many, but I would not go so far as to say all or even most (because I simply have not researched all nor most), the concept of being 'Under the Influence' and 'Intoxicated' is _not_ specific by statute to alcohol. It is wide band toward any intoxicant including drugs be they prescribed, over the counter (NyQuil!), recreational/illegal and/or abuse of common substances such as inhalant practices like paint or gasoline.
    All of the above being within. You gets no breaks.

    Check your own state laws for same to know yes or no, rather than I guess maybe.

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    Last edited by JD; January 1st, 2011 at 12:26 AM. Reason: merged posts
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

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  6. #35
    VIP Member Array livewire's Avatar
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    I keep it simple.

    In WA, I can't carry into an area deemed 21+ by the liquor control board.

    In any other circumstance, IF I drink (so rare now as to have been counted on one hand in 2010), I limit myself to one beer if I'm going to carry OR drive. I don't drink anything stronger than beer, and I'm ALWAYS carrying in social situations, and I almost always drive.

  7. #36
    Member Array chiefrcd's Avatar
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    I would hate to stand in front of a jury after defending myself with a gun and have the prosecuting attorney grill me for " drinking" before I shot someone....even one drink. Just my opinion.
    Have Gun ~ Will Carry
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  8. #37
    VIP Member Array BugDude's Avatar
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    Quote Originally Posted by Ram Rod View Post
    Exactly. Common sense. I know where you were coming from.
    They should change the name to "Uncommon Sense"...it's not nearly as common as it used to be.
    Know Guns, Know Safety, Know Peace.
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  9. #38
    VIP Member Array gottabkiddin's Avatar
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    Nothing more than a couple of beers for me, especially while carrying a firearm. IMO, it's never a good idea to mix the two.
    "He that hath no sword, let him sell his garment, and buy one." Luke 22:36

    "If a law is unjust, a man is not only right to disobey it, he is obligated to do so." Thomas Jefferson

  10. #39
    VIP Member Array glockman10mm's Avatar
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    I never drink while carrying, so I never drink unless its in my home, and then its very rare.

  11. #40
    VIP Member Array SIGguy229's Avatar
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    How many threads do we need on drinking and carrying?

    Magazine <> clip - know the difference

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  12. #41
    VIP Member Array gottabkiddin's Avatar
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    Just one more and that's it.....
    "He that hath no sword, let him sell his garment, and buy one." Luke 22:36

    "If a law is unjust, a man is not only right to disobey it, he is obligated to do so." Thomas Jefferson

  13. #42
    Senior Member Array GreyGhost's Avatar
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    Since I drive on a CDL those rules take precedent over any others. As that affects my ability to earn a living. .01 is DUI for me. Loss of license. No job! This does keep me from enjoying more than one beer over a leisurely meal, whether I'm carrying or not.

    My advise for others, Don't do it. Keeps those potential problems from even having a chance of happening.
    Question Everything!

  14. #43
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    Nothing wrong with drinking and carrying. Being a drunken dumb-ass and carrying is different.

  15. #44
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    I see two issues when it comes to drinking while carrying. 1) can it and will it be used in court to compromise my feelng of being threatened? The answer to both those question is YES! I can hear the lawyer (DA or the BG's Hired-gun (pordon the pon)) "Your honor, Mr. PM was at his home with his friends. They your honor had been drinking. As the night of drinking went on the (insert dead guy or my chior boy, pure as the driven snow client) knocked on Mr. PM's door to ask to use the phone to call a tow truck for his mommy who was too ill to do it herself. Well Mr. PM in his drunken state shot (see above insertion) dead because in his drinken mind my client was there to rob him and his friends." The second issues is that of what does the state law say about carry and Blood alcohol level. Not being sure of my state and liking to keep my right to carry concealed (not to meantion my freedom to move about the state freely without the ride being provided by D. O. C.) I think it better not to drink.

    As for those who say it is intoxication that is the issue again what does the law of the state inwich you are carrying say. While not being a lawyer or the son of a lawyer nor did I spend the night in a Holiday inn express; If there is NO LEVEL given in the law but it talks about carry and intoxication or being under the influence that level is a 0 blood ACH level! Just a thought!

  16. #45
    Distinguished Member Array razor02097's Avatar
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    Would the DA or plaintiff use the fact you had a drink against you? Without a doubt...

    IMO drinking and carrying isn't a good idea... there have been threads of the past that got really heated with this debate.
    There is something about firing 4,200 thirty millimeter rounds/min that makes me feel all warm and fuzzy inside.

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