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View Full Version : My BAC is .09 and I shoot in self defense... what happens?


bballwizard05
10-01-2011, 10:14 PM
I'm sitting here in a certain state of buzzness, wathcing UCLA get whooped.



Lets say someone breaks in, I know I'm not "under the limit" but I feel threatened and shoot. Do I have extra risk of civil suit based on BAC?

Reductio
10-01-2011, 10:32 PM
I dunno man.... but your fellow bruin's about to grab another beer out here. Pretty sad game.

croc4
10-01-2011, 11:18 PM
A good shoot is a good shoot. If you place all your shots with any BAC then your the man! and take two weeks of from the range ;-)

berto
10-01-2011, 11:19 PM
You're likely to face a civil suit no matter what. Being buzzed certainly won't help matters but a clean shoot remains a clean shoot. Buzzed and facing a civil suit is certainly preferable to dead.

Ziggy91
10-01-2011, 11:29 PM
ugh... aim low and good luck, all I have to say lol.

I'm still angered how people think they can sue even after they've stolen your car or broken into our house... how american is it that a man can sue you after he broke his leg, breaking into your house. I miss communism...

shooting4life
10-01-2011, 11:40 PM
I wouldn't worry about it. Drinking and shooting isnt a big deal anyways.

CmpsdNoMore
10-02-2011, 5:40 AM
I was recently a juror for a trial where someone was shooting under the influence. Granted, I live in Wisconsin where most people are at least "O.K." with firearms and defending ones self.

I would say, personally, that if it was a situation where you were indeed afraid for your life and self defense was needed to end an imminent threat, you would be ok.

Uriah02
10-02-2011, 5:42 AM
If you are in a location requiring a LTC then your in trouble. If you are at home and it is a good shoot, you'll probably get a high five from the responding officer.

davbog44
10-02-2011, 5:56 AM
I doubt any sane person would argue that your right to defend yourself and your family in your own home goes out the window because you've had a few (perhaps even several) beers.

However, as others have already mentioned, the fact that you are under the influence can and undoubtably will be used against you in any civil matter that results from the shooting. No decent plaintiff's attorney is going to ignore your BAC.

Quiet
10-02-2011, 6:32 AM
There are no CA state laws that prohibits the possession/carrying/use of a firearm while under the influence of alcohol.

It would be another factor for consideration, when determining if the shoot was justified or not by the responding LEOs and by the DA's Office.

It can be used aganist you, when you are sued in civil court by the person/family of the person you shot.






Under NV state laws [NRS 202.257]...
It's legal to possess/carry/use a firearm, as long as your BAC is under 0.10. :Pirate:

Mssr. Eleganté
10-02-2011, 2:34 PM
It's simple. When the cops show up you tell them that you were cold sober when you shot the guy, but then immediately downed a fifth of bourbon to calm your nerves after the shooting. :p

Maltese Falcon
10-02-2011, 2:41 PM
Why would they even consider taking your BAC unless your stumbling around or slurring?

.

stormy_clothing
10-02-2011, 2:44 PM
You're likely to face a civil suit no matter what. Being buzzed certainly won't help matters but a clean shoot remains a clean shoot. Buzzed and facing a civil suit is certainly preferable to dead.

likely? - it's your home if your not willing to defend it then you shouldn't be here on calguns you should be on I wanna let myself get raped .com.

If your home and someone breaks into your home - say nothing more than he broke in I shot him then call a lawyer. There is no reason for them to give you a sobriety test in your home so let the lawyer handle it.

These days the police are not what you have to worry about it's the DA and there political motivations and aspirations - god help you if you shot a black person and your white in oakland - better get two lawyers

puropuro
10-02-2011, 3:27 PM
...
If your home and someone breaks into your home - say nothing more than he broke in I shot him then call a lawyer. There is no reason for them to give you a sobriety test in your home so let the lawyer handle it.

THIS!
Think it through. Say "I'd like to speak to my lawyer", nothing more.
The next day when you make your statement, you'll be fully sober.

gorn5150
10-02-2011, 6:18 PM
Unless you are .09 and driving a motor vehicle around the inside of your house you don't have a problem. The "over the limit" you are talking about is for DUI. Any alcohol or drug impairment will cloud the situation some. Bottom line is if you were involved in a justifiable shooting it doesn't really matter. Just stand by for the crooks lawyer to make you out to be a raving alchy or drug fiend to the civil jury though.

olhunter
10-02-2011, 7:27 PM
Well, I guess the alternative is not shoot and get hurt or killed.

I know what I'd do. Then I'd call a lawyer and keep my mouth shut.

glock 357
10-02-2011, 7:52 PM
It's simple. When the cops show up you tell them that you were cold sober when you shot the guy, but then immediately downed a fifth of bourbon to calm your nerves after the shooting. :p

LMFAO That's got to be the best answer ever. Yes! and you need a witness to go with that. Say your drinking buddy or something. This way he needed a drink too.

MP301
10-02-2011, 7:55 PM
Threadjack/sidenote

Well, as I sit here in Vages having a grand old time, If I were .09 id still be legal to Carry with my LTC here. The cuttoff is .02 higher then for DUI with a Nevada Permit. It sounds strange as it should from someone from CA, but tis true. I remember my first time at the Reno Gun show discovering they serve alcohol at the freakin show! It was like the twilight zone coming from CA.

And keep in mind that there is not blood running in the streets and the puppies arent being slaughtered by the dozens either. It works. And although I think its not too bright to target shoot/hunt, etc with a buzz, I see absolutely no problems LTC while out on the town. Unless of course your one of those **** stirring, ill tempered sorta folks who cant act right while drinking. Then you should leave your gun behind.

dieselpower
10-02-2011, 9:05 PM
....you must defend yourself from those who say you fired without justification since you were under the influence of alcohol.

1911su16b870
10-03-2011, 11:00 AM
There are two fights: 1. For your life and 2. For your way of life (criminal and civil trials)

If you are under the influence of something during 1, it will make 2 a little more difficult for you to win.

Double_tap
10-03-2011, 11:03 AM
you go to Jail. state legislature feels that being drunk in your own home means you deserve to be robber and or murdered. if your BAC is higher tha.09 they also feel you should be forced to watch your wife/daughter raped as well.