Author Topic: What is "intoxicated" when referring to CHL  (Read 3449 times)

Allen

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What is "intoxicated" when referring to CHL
« on: March 31, 2014, 10:04:40 PM »
If I recall correctly, "intoxicated" when carrying is not necessarily the same .08 definition as when driving.    Can you elaborate?  If I have a single beer or glass of wine with dinner, is that a potential problem?
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: What is "intoxicated" when referring to CHL
« Reply #1 on: April 01, 2014, 01:39:13 PM »
Yes, the word intoxicated for purposes of the CHL statute is undefined in Texas Penal Code Chapter 46. However, as a practical matter, most district attorneys' offices will use the definition of intoxication from Chapter 49, which means intoxication can be proven three ways.

It can either be shown to be a blood alcohol concentration of .08 or greater, or the consumption of an intoxicant to the degree that it causes the loss of the normal use of a person's mental faculties or physical faculties.

Thank you for the question.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

switch

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Re: What is "intoxicated" when referring to CHL
« Reply #2 on: April 04, 2014, 04:19:26 PM »
What's the third way?  LOL
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: What is "intoxicated" when referring to CHL
« Reply #3 on: April 08, 2014, 09:56:26 AM »
For clarification:

1) BAC of .08 or greater
2) loss of the normal use of a person's mental faculties
3) loss of the normal use of a person's physical faculties

Hope that helps.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »