.08 for CCW too?

This is a discussion on .08 for CCW too? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; A lot of times when we go out to dinner at Applebees or something, I might get a tall beer with my dinner (Its not ...

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Thread: .08 for CCW too?

  1. #1
    Distinguished Member Array Pro2A's Avatar
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    .08 for CCW too?

    A lot of times when we go out to dinner at Applebees or something, I might get a tall beer with my dinner (Its not illegal in PA to carry in establishments that serve alcohol). Now generally if I feel anything I let my wife drive home just out of safety. I mean we're talking a slight tickle, no visual imparment etc... Even though I know I am no where near the .08 legal limit for driving. Now what about carrying? If we were stopped etc... is there a legal limit for carrying? I'm assuming it's the same .08 as it is for driving? Most times I just disarm and place the gun in the console to avoid hassle.

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  3. #2
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    Pro2A, obviously the rules will vary from state to state. I am in Texas and have been told by the instructor of my license renewal class that the Dept. of Public Safety has been treating any amount as "intoxication," and not relying on the automotive standard of 0.08.

    I have no independent way to verify if this information is spot on or way off the mark.

    My personal rule (easy because I don't particularly enjoy a drink except on the rarest of occasions) is that guns and alcohol don't mix and I will not mix them.

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    Safest is - don't mix carry with booze. I would not like to get even close to our PA DUI limit to be honest.

    The alcohol deal is often discussed - opinions vary and in a sense it's been done to death. Everyone has to make up their own minds how they regard 'responsible' carry.

    Then too is individual's ''sensitivity'' to booze ..... one beer could be enough to prejudice one person's judgement and co-ordination - for another it might be much more. Bottom line is - physiologically at least, alcohol detracts from normal function.
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    Restricted Member Array SelfDefense's Avatar
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    In Arizona there is no prohibition against drinking and carrying. However, we cannot carry in any establishment that serves alcohol.

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    VIP Member Array AZ Husker's Avatar
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    Even in gun-friendly Arizona, we cannot CCW in an establishment that serves alcohol, even restaurants. Maybe another AZ resident can help me out, but I haven't been able to find any laws about carrying while under the influence, unless there is a subsequent charge of brandishing, etc.

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    Member Array thinkat's Avatar
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    I believe that the statue in OH states that you can't carry while "under the influence" There is not specific amount mentioned. However, seems logical to me that the definition of under the influence has been legislated and adjudicated as .08% BAC. I am no lawyer so I take heed to my firearms instructer who said, "you don't want to be a test case for anything".

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    However, seems logical to me that the definition of under the influence has been legislated and adjudicated as .08% BAC.

    Not necessarily.


    There is DWI and there is DUI.

    DWI is legally at or over the limit of .08%.

    DUI (Driving under the inflluence)is anything up to that.

    Therefore...Under the Influence just means that you were drinking. It doesnt have to be up to the limit to get charged.

    Here in Arkansas anyways.

    meaning that if the cops have to intervene and you aren't enough to get DWI, it could be DUI, a lesser but still serious charge when dealing with the permit.
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    +1 P95Carry!

    My personal choice is NO alcohol while CCW.
    ALWAYS carry! - NEVER tell!

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  10. #9
    Distinguished Member Array Pro2A's Avatar
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    Thanks for the advice. Now that my wife has a CCW permit, i'll be sure to give the gun to her if I have a beer or two with dinner.

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    Restricted Member Array SelfDefense's Avatar
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    Quote Originally Posted by AZ Husker View Post
    Even in gun-friendly Arizona, we cannot CCW in an establishment that serves alcohol, even restaurants. Maybe another AZ resident can help me out, but I haven't been able to find any laws about carrying while under the influence, unless there is a subsequent charge of brandishing, etc.

    There is no law against 'brandishing' in Arizona. However, there is a law 'aggravated assault,' which is not quite but essentially the same thing.

    May I suggest azleg.com title 13, sections 1203 and 1204.

  12. #11
    Member Array Jester's Avatar
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    Not to go off topic, I don't drink and carry, but I have never found a law that prohibits you from carrying in a drinking establishment. My sheriffs office pulled that one on me, and I asked for the law stating, and they couldn't come up with one.

  13. #12
    VIP Member Array AZ Husker's Avatar
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    Since I posted earlier, I've been searching the Arizona Revised Statues, can't find a thing about CWI (carrying while intoxicated).

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    VIP Member Array Supertac45's Avatar
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    I discussed this issue previously with my attorney, and he believes that PA. uses the .08 limit for possesssion of a handgun. Civil Courts might decide something differently as well the the County Prosecutor. I really doubt 1 beer will get you over .025. I'm not a attorney, so this isn't legal advice, and personal advice is: booze and guns don't mix.
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  15. #14
    Senior Member Array Shizzlemah's Avatar
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    Maine also sets the criteria at 0.8% and forbids open carry in a bar (concealed is fine)

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    I don't think we want to travel down this ol' forum road again so soon.
    Either totally wasted or completely sober.
    If we do I think I will need to get intoxicated.

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