General Categories > Carry Issues

alcohol use

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bullit:
Personally opposed to EtOH and any firearms usuage in any time period, but remember you do have to consent to a breathalyzer or blood draw in the first place.....then up to the state to prove you have it in your system.  There is a lot of time passing before they'll get a court order for a blood draw.   I suppose unless the see or smell it on you i.e. reasonable articulable suspicion going to be tough to prove outside of you being sloppy drunk.

OnTheFly:
I guess that all makes sense.  In aviation we have a regulation that the pilots remember by stating "10 hours bottle to throttle".  I always thought it was just an antiquated and/or overly conservative rule, but I it appears there is a reason.

Fly

farmrboy:
Everybody processes alcohol at different rates, so the time will vary from one person to the next to completely get all the alcohol out of one's system. The time can vary by up to a few hours. I have CDL, Fed BAL is .04 for driving a commercial truck. But I read plenty of stories about drivers getting cited for having any trace at all in their system. They don't go to jail, but they get a ticket and a permanent black mark on their DAK report. Some get cited for using mouthwash and the alcohol in the mouthwash shows up on a breathalyzer. So, that is something else to consider too. If you use mouthwash, switch to an alcohol-free brand since there is 0 tolerance for a ccw permit.

smitty81:
It says that you can not carry if you have alcohol in your system.

Let's say that I go to a friends house for a beer. Can I lock my firearm up in my jeep in the cargo area and still drive legally (not intoxicated).

SemperFiGuy:
Smitty81

Your question brings out the stark fact that there is a lot of room between the cracks in the CHP laws.

The issue you raise is not specifically addressed in the law, so it remains for Someone to get busted by an LEO on that particular point.   Then it goes to court, gets decided.

From that point on, whatever the court case outcome might be, it becomes case law and serves as a settled point of law and future legal guideline for similar cases of the same nature.

You don't want to be the first guy.

sfg

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