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The Water Cooler
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Question about consuming alcohol while carrying
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<blockquote data-quote="tRidiot" data-source="post: 2814934" data-attributes="member: 9374"><p>Never seen this anywhere before. And you can have had absolutely zero alcohol in days and have a BAC over 0.00%. So I don't think that could hold up in a court, honestly, if they wanted to push it.</p><p></p><p></p><p>I don't carry if I'm drinking, but I have left it in the car and am essentially "in possession" after having a couple of beers out at dinner with my wife or whatever. I figure most cops aren't going to get too irritated about it if I explain I stopped for dinner and had a couple of beers, but was conscientious enough to remove and secure my firearm in my locked vehicle before going inside the restaurant.</p><p></p><p>But I have personally never seen anything more specific than "under the influence" described. I'm thinking the same standard OUGHT to apply as driving a motor vehicle - meaning they'd need to demonstrate you were impaired via a roadside test. I don't know if it's been enough of an issue to be really brought to light in caselaw.</p><p></p><p>Any of our OSA attorneys mind pointing out any relevant caselaw without giving specific advice, of course?</p></blockquote><p></p>
[QUOTE="tRidiot, post: 2814934, member: 9374"] Never seen this anywhere before. And you can have had absolutely zero alcohol in days and have a BAC over 0.00%. So I don't think that could hold up in a court, honestly, if they wanted to push it. I don't carry if I'm drinking, but I have left it in the car and am essentially "in possession" after having a couple of beers out at dinner with my wife or whatever. I figure most cops aren't going to get too irritated about it if I explain I stopped for dinner and had a couple of beers, but was conscientious enough to remove and secure my firearm in my locked vehicle before going inside the restaurant. But I have personally never seen anything more specific than "under the influence" described. I'm thinking the same standard OUGHT to apply as driving a motor vehicle - meaning they'd need to demonstrate you were impaired via a roadside test. I don't know if it's been enough of an issue to be really brought to light in caselaw. Any of our OSA attorneys mind pointing out any relevant caselaw without giving specific advice, of course? [/QUOTE]
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