Question about consuming alcohol while carrying

[sh00ter]

Agree 110%.

Just to have a little discussion about a "what If" not in the home.
What if one was with a non drinking spouse as a designated driver that is legally armed, and the other spouse spent the afternoon in the mall restaurant/bar while the other shopped at the mall.
you get out of the restaurant, walk to a parking lot, and get mugged with the non drinking spouse being the first one taken out. You reach for and get the spouses weapon while they are beating or have shot you and stop the fight. The fight ends with an attacker dead or wounded.

How is this going down in a court of law with our existing CC laws?

I don't think an Oklahoma jury would convict...even a drunk guy has the right to self-defense...as long as the evidence supports what happened, then in my opinion people should follow the constitution and the state should not infringe on any law-abiding citizen's to defend him/herself. Punish those who deserve it of course but don't engage in witch hunts!

Having said that, because of the uptight, politically-correct, totalitarian society we live in...SMS/Dennis are correct that you are taking a risk; is it really worth it?

 

[reddog1]

Title 21-1289.9 says you can't carry while "under the influence of alcohol"...but doesn't define under the influence.

Unless I was in my home, I wouldn't want to have any alcohol in my system if I had to use deadly force...

^^^ This ^^^ +1000

 

[p238shooter]

I think the OP was originally looking for a "legal" answer, not a moral opinion answer. As I understand the carry law in public fits with the legalities of impaired driving. A sandwich with a beer or possibly two for lunch should not put you over the limit, especially Oklahoma 3.2 beer.

Now from a moral opinion answer, some people get goofy after a couple beers, and some people can drink several beers before thy start getting a buzz and their judgment starts wondering. Alcohol affects everyone different at different times. Very few people wanted to ride in my hot rod in my younger days unless I had a few beers and slowed down to the speed limit and drove like a little old lady.

Out shooting on my own property by my self not bothering any one else, if I decide to sip on two to three beers in an hour or so I have noticed that is where my reflex time, awareness of making mistakes, and accuracy peaks. Just how I am wired. Wifey is close to unsafe shooting after sipping a half beer. We tried that one time, way too much overhead of me keeping her and us safe, never again. She gets overdone at two beers and is no fun at all at most anything. Everyone is wired differently.

The public law is written for the average person and the rest of us need to follow it to stay out of trouble. Each person needs to be aware of their own limitations with alcohol and everything else in life to stay safe for them and others around them.

Just my opinion.

 

[Istandalone]

Just don't do it! It just takes a smell of an alcoholic beverage to make you look bad after a shooting event. Doubt anyone is going to test you anyway.

 

[tRidiot]

How so? Use of mouthwash that contains alcohol? What if you're a life-long teetotaler?

I've jut seen blood tests show up as .001 or .002 with nothing to drink. Something in the body converted to an alcohol? Error margin in the test? I don't know, really, but you can't hold anyone to a strict 0.00 limit because it's unrealistic. It's nitpicky, yes, but it is what it is.

 

[Rod Snell]

Found these definitions:

•DUI results with a blood alcohol concentration (“BAC”) of .08 or more
•Aggravated DUI occurs with BAC of .15 or higher
•DWI occurs with a BAC of .06 or .07
•APC is Actual Physical Control of a vehicle while impaired or intoxicated. In other words, possessing the keys and being in or around the car with the apparent ability to control it.
•DUI-Drugs results from driving while intoxicated on drugs rather than alcohol or a combination of drugs and alcohol. (This can occur even if you have a valid prescription and any quantity of drug could be sufficient for DUI-Drugs.)https://wyattlaw.com/dui-dwi-driving-under-the-influence-oklahoma/

DO NOT PARTICIPATE IN FIELD SOBRIETY. Field sobriety tests may or may not be requested by the officer depending on the circumstances. At this time, there is no law in Oklahoma requiring you to participate - so don’t.

Looks like claiming its the cold medicine making you loopy, not the 2 beers, just opens a bigger can of worms. IANAL

 

[chuter]

I don't drink much anyway, but I figure if I'm out eating with my wife and I shoot someone, if there was any question about it being justified I don't want any witnesses saying they saw me drinking.
So I don't.

 

[Shadowrider]

I've jut seen blood tests show up as .001 or .002 with nothing to drink. Something in the body converted to an alcohol? Error margin in the test? I don't know, really, but you can't hold anyone to a strict 0.00 limit because it's unrealistic. It's nitpicky, yes, but it is what it is.

Correct. Every test measuring ANYTHING has an error margin.

 

[sh00ter]

I've jut seen blood tests show up as .001 or .002 with nothing to drink. Something in the body converted to an alcohol? Error margin in the test? I don't know, really, but you can't hold anyone to a strict 0.00 limit because it's unrealistic. It's nitpicky, yes, but it is what it is.

yeast converts sugar to alcohol...many people have too much of it in their body and I suppose maybe that could explain if the machine was properly calibrated and the person had not been drinking.

 

[Oklahomabassin]

I think many people would have to be half buzzed if SHTF to not just try and run away or hide.