Is this legal?

[TMF]

[quote name='Gen. Patton' timestamp='1355103723' post='857525']

I didn't say it was smart to play with it like that but legally it's not against the law to be .07 and armed. Now a lot of law enforcement officers may say "Yeah dude .07's close enough. You're going to jail tonight!" And since there's probably not a court in the country that would take one of our words over a law enforcement officers word in that sitution you could concievably blow a .07 and still be punished like you really blew a .08 but in a prefect world where everyone is 100% honest all the time, technically, yeah they would have to let you walk. Didn't say it would definately happen. Didn't say this was a perfect world either. Just sayin'.[/quote]

The popo takes folks to jail for DUI all the time who blow less than a .08. Why would it be different for weapon possession? If anything, I would think they'd be more sensitive to that. I dunno, I'm not a LEO but some are here. Edited December 10, 2012 by TMF

[TMF]

. Edited December 10, 2012 by TMF

[Guest Gen. Patton]

[quote name='TMF' timestamp='1355103908' post='857527']
The popo takes folks to jail for DUI all the time who blow less than a .08. [/quote]

For real? Ok well I guess you all are right then and I'm wrong. I guess I was assuming that the cops follow the law most of the time but yeah it's not inconcievable that that would be what's up. My bad. Edited December 10, 2012 by Gen. Patton

[deerslayer]

.08 is only one of several field sobriety tests an LEO can conduct to determine whether one is under the influence. If you are .07, but fail other tests, you could easily be taken to jail by a cop who is following the law. Edited December 10, 2012 by deerslayer

[Guest Gen. Patton]

[quote name='deerslayer' timestamp='1355105330' post='857541']
.08 is only one of several field sobriety tests an LEO can conduct to determine whether one is under the influence. If you are .07, but fail other tests, you could easily be taken to jail by a cop who is following the law.
[/quote]

I knew that the brethalyzer was only one of many tests but I thought it was the ultimate determining factor in a persons trip to jail. I'm about as red-faced as a hooker in church right now! I guess you learn something new every day.

[RobertNashville]

The police can take you to jail for a lot of reasons; that doesn't mean you are guilty of anything or that they can prove you guilty of anything.

It's pretty simply for me, if I'm carrying (and that means in a holster on my body or off-body in my vehicle or anything in between then I don't drink - if I know I'm going to be drinking than the gun stays home. Problem solved.

That said, if you are below .08 and/or there isn't a lot of other contributing evidence to show you were impaired I think the court is going to have a difficult time convicting you of anything especially if you have a good attorney (which I would highly recommend you have).

[deerslayer]

[quote name='Gen. Patton' timestamp='1355105992' post='857552']
I knew that the brethalyzer was only one of many tests but I thought it was the ultimate determining factor in a persons trip to jail. I'm about as red-faced as a hooker in church right now! I guess you learn something new every day.
[/quote]

A .08 blow may eliminate the need for other tests, but I don't think it's necessarily the determining factor if several tests have been administered. It's probably tougher to get a conviction without a .08, but you still get to spend the night or the weekend in 201, then pay a lawyer possibly several thousand $$ and miss time from work to go to multiple court hearings to get the chance to plead guilty to reckless driving. I don't know if it would be as simple to plea bargain out of a weapons charge. When driving or carrying I NEVER drink, because one drink can cause all kinds of legal problems, whether you are under the influence or not. Edited December 10, 2012 by deerslayer

[monkeylizard]

<<EDIT>>

Edited December 17, 2012 by monkeylizard

[Pain103]

The .08 level everybody refers to is just a limit TN has passed that says you presumed intoxicated by alcohol for a DUI. This level is never mentioned for any other intoxicated related offense such as poss. of handgun under the influence or public intoxication. That .08 is just a level of intoxication but any alcohol in your system is considered under the influence of alcohol, it doesn't mention drunk. It doesn't even have to be alcohol many prescriptions are controlled substances and will put you under the influence level. Everybody here is an adult so you make your own decisions but I don't see a gray area alcohol in system = under the influence.

[DaveTN]

.08 is just a legal presumption you are intoxicated; it doesn’t mean anything below it is okay. What is the level in Tennessee for a person driving a commercial vehicle? I believe it is .04. If I was a prosecutor I would make a case that if you aren’t okay to drive a truck you aren’t okay to carry a gun.

Here’s the other thing… there is no “implied consent” for carrying while intoxicated. You submit to a test because you are carrying and you may be looking at an additional charge of DUI. You refuse and you will probably lose your carry permit, and still may get arrested for DUI. If you are driving of course.

My first question anytime someone asks about the Police finding a gun is always, “How did this become an issue?” If you are standing on the side of the road during a traffic stop with the smell of an alcoholic beverage on your breath and carrying a gun; your night be ruined.

[Patton]

I have given one or two DUI's when someone was under .08. It's what we call the "DUI per say" and truthfully one of the only reasons I do it is because 1. They did show some impairedness 2. They most likely had some other charges like domestic assault 3. And of course the minor child in vehicle, repeat offender, or other zero tolerance violations.
The way I see it if I would charge someone with public intox I would charge them with carrying a weapon while intoxicated. I just can't imagine only because someone smells of alcoholic beverages charging them with being armed. The smell may very well have been from the night before.