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Discussion Starter · #1 ·
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
 

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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
 

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In NC the law about drinking doesn't apply in your home.
 

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I dont know about Michigan. I am just talking here, its my opinion not legal advice.
If someone breaks into your home legal issues are thought of later, right then and there you are dealing with a lethal threat.
Would you rather be around to deal with any legal issues or maybe not if you don't defend yourself.
 

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In South Carolina:

SECTION 23-31-400

(1) “Use a firearm” means to discharge a firearm.

(B) It is unlawful for a person who is under the influence of alcohol or a controlled substance to use a firearm in this State.

(C) A person who violates the provisions of subsection (B) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or imprisoned not more than two years.

(D) This article does not apply to persons lawfully defending themselves or their property
 

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Discussion Starter · #6 ·
I would much rather deal with the law later than be carried by 6. I was just wondering the laws applied. I will have to do some research with my law. This is why I love this forum everybody here has some
great insight and can point you in the right direction
 

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Drinking and Carry inside the home.

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 completely drunk I am inoperable so that scenario is out of the question. It's just about being over the .02 limit. Thanks
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.
 

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Having alcohol in your system is never going to look good in court.h
 

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+1 on keeping your mouth shut. I don't know if there is a thread on what to do after a defensive shooting but there should be if not.

"officer I'm shaken up over this event, I'd like to talk to my attorney, then I'll be ready to make a statement."
 

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Discussion Starter · #11 ·
True but:

Having embalming fluid in your system is gotta be worse :dead:
I am going with you on this one. That would make for a great signature. In all reality I will always defend myself and home drinking or not drinking. I know what's right and wrong.
 

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I will not drink outside of the home. I have too much to loose to impaired driving/CPL violation. At home it is a different matter. I am not a teenager, so I do not drink excessively, but wine with dinner or a nightcap is not unheard of.

With that being said, I believe that if a BG entered my home I will do what is necessary and deal with the consequences after. I take full responsibility for my actions and that includes the possibility of discharging a firearm with alcohol in my system. To change our lives more than that is to let the BG's win. I live my life as I see fit and I will not allow paranoia to rule my everyday actions any more than due prudence dictates.

In court, you may have to deal with this issue. But, you will be alive to deal with them.

Good luck.
 

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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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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.
 

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:wink: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.:sheep:
 
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