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Meplat
02-14-2009, 6:57 PM
I have a CCW. I am not in the habit of being out and about with a pistol and also blasted. But, I am wondering what constitutes "under the influence" in a CCW sense? For DUI it used to be pretty much officer discretion, after putting the subject through a series of tests. Close your eyes and touch the tip of your nose, walk a strait line (BTW I can't heal and tow a straight line sober), and such. They were loosing too many of these cases so they at the urging of MAD went to the .1 and then the .08 standard. But, that is not universal. If you are a commercial driver (class "A") you are limited to .04, even in your own car. Now it doesn't take much to break .04. One glass of wine with dinner will do it if they take the test at just the right time.

So, if I go out for dinner and have a glass of wine and they pull me over, smell it, and test me at just the right time, while I am .04 will I be guilty of carrying while intoxicated. Or would there be a different standard?

jmzhwells
02-14-2009, 7:08 PM
A glass of wine (4oz) will not make you a .04 no matter what, commercial drivers are held to a .04 only while operating a commercial vehicle as defined in 15210 of the VC. Im pretty sure that is the right section. Just a word of advice while carrying, dont do anything to get pulled over, and you wont have to worry about it.

halifax
02-14-2009, 8:10 PM
Technically,

Per page 6 of the Cal DOJ standard app for CCW permit:

"While exercising the privileges granted to the licensee under the terms of this license, the licensee shall not, when carrying a concealed weapon:"

(among others)

- "consume any alcoholic beverage."
- "be under the influence of any medication or drug, whether prescribed or not."


That's pretty broad. Use cold medicine, get your CCW revoked!!


When this was mentioned in my CCW class, the woman next to me said something like "believe me, there are times each month when you don't want me to NOT be on medication while carrying." That got a laugh from the class. But I guess she could get revoked if found out.

LOW2000
02-14-2009, 8:13 PM
Funny how these laws don't apply to cops. :smilielol5:

Meplat
02-14-2009, 8:20 PM
But my math says 6oz might.



A glass of wine (4oz) will not make you a .04 no matter what, commercial drivers are held to a .04 only while operating a commercial vehicle as defined in 15210 of the VC. Im pretty sure that is the right section. Just a word of advice while carrying, dont do anything to get pulled over, and you wont have to worry about it.

Meplat
02-14-2009, 8:23 PM
PMS is a b***h. Or produces a b***h?:rofl:



That's pretty broad. Use cold medicine, get your CCW revoked!!


When this was mentioned in my CCW class, the woman next to me said something like "believe me, there are times each month when you don't want me to NOT be on medication while carrying." That got a laugh from the class. But I guess she could get revoked if found out.

SJgunguy24
02-14-2009, 8:29 PM
Funny how these laws don't apply to cops. :smilielol5:

It does, I think I read it here on calguns. If an officer I.D's himself he is now "on duty" so if he has a drink..........drinking while on duty. Packing heat= sober NEVER MIX THE TWO. If you had to draw and shoot,and there's any booze in your system. A bad lawyer will nail you to the cross with that, even in a good shoot.I.M.O.

jmzhwells
02-14-2009, 8:30 PM
But my math says 6oz might.

your math may contain mouth alcohol. 8oz may make you a .04, but due to the absorption rate by the body, .015 every hour, the highest you could be is .04 after 8oz of wine if you drank it in one drink and there was no absorption by the body. However nobody chugs 8oz of wine and everybody has absorption so no way.

This is not legal advice, dont drink and carry.

lrdchivalry
02-14-2009, 8:47 PM
It does, I think I read it here on calguns. If an officer I.D's himself he is now "on duty" so if he has a drink..........drinking while on duty. Packing heat= sober NEVER MIX THE TWO. If you had to draw and shoot,and there's any booze in your system. A bad lawyer will nail you to the cross with that, even in a good shoot.I.M.O.

If the LEO is carrying under HR218 he/she cannot drink at all.

LOW2000
02-14-2009, 8:58 PM
If the LEO is carrying under HR218 he/she cannot drink at all.

Tell that to the cops who I took their ccw pieces from and poured into cabs at my wedding...

Spyder
02-15-2009, 7:11 AM
If I am planning on having a drink I'll unload and lock it up in the car, preferrably very well hidden in case the car gets broken into. Usually I'll leave it at home if I think there may be a chance I'm drinking. If I KNOW I'm drinking, it stays home no matter what. Once in a while though, you end up having one or two without expecting it...and that's when a lockbox bolted to the trunk comes in handy. :D

lrdchivalry
02-15-2009, 3:48 PM
Tell that to the cops who I took their ccw pieces from and poured into cabs at my wedding...


No need to, they know that they are not supposed to drink. If they get caught it's their job on the line, however, they law states that they cannot drink and be covered under HR218.