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If I recall my training class correctly, Texas law says you are intoxicated at .08 BAC. However, when carrying that number changes to zero tolerance. Which means you can be busted at .01. I would think it unlikely to actually be enforced that strictly except maybe in liberal Austin, but it is at least possible.
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From a technical perspective that is correct. Well, not the Austin part, but the drinking and carrying part. It is a huge legal issue that I am not sure ever comes up for the police - at least no public cases have appeared that I know about.
With some diting to remove stuff we are not discussing, this is the law:
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Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
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(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
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And here is another section:
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(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster.
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"Intoxicated" is not defined. The 0.8 of the driving under the influence law doesn't apply here. It is a nice rule of thumb but insufficient. If you pony up for a nice anniversary dinner for you and your spouse, and let's add another couple, say at a top notch steak house in Dallas, and enjoy a good bottle of wine together - just one - so you eat this big expensive steak, side dishes, dessert, coffee, including one and a half glasses of that wine, and maybe an after dinner aperitif, when you step outside to drive home you probably wouldn't be worse than 0.1. Driving offense? NO! Gun offense? Yes!
It's a very irritating little rule.......grrrrr....****ins a nice dinner out!
