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CCW and alcohol
Posted by: jorville82
Date: February 23, 2010 03:50PM
What was it you said in the class about a blood alcohol level and your CCW? Hypothetical, if you were already out driving around, and a friend called and wanted to meet at the pub, what would you need to do with your weapon (besides not taking it into the bar obviously) to stay out of trouble if you got pulled over on the way home and were below the legal limit? What if you are just the passenger and have had a few drinks and the driver gets pulled over?

I know this is a loaded question and it's a little tough to explain exactly what I'm thinking without writing too much.

Re: CCW and alcohol
Posted by: CCWTrainer
Date: February 23, 2010 09:17PM
If you are operating a motor vehicle, you are considered intoxicated when your blood alcohol level reaches .08.

If you are in possession of a firearm there is NO number that matters, driving or not. This leaves it to the discretion of law enforcement to decide if you are impaired. If the officer decides you are impaired either mentally or physically because of the introduction of ANY substance into your body while in possession of a loaded gun you are guilty of a felony. Blowing a low number will not be a defense.
If you are in a situation where you feel this may be called in to question in any way the smart thing to do is lock the gun up in an unloaded state and place it as far from your reach as the vehicle configuration allows. Possession of an unloaded gun while intoxicated is only a misdemeanor, which won't impact your future ability to own and carry weapons like a felony will.

I hope this answers your question. Call me if it does not.

Greg

Re: CCW and alcohol
Posted by: bcoop
Date: February 23, 2010 09:30PM
If you have a loaded weapon on you or laying in your seat, you could be charged with felony possession of a firearm while intoxicated in RSMO 571.030. You would not have to blow a .08 either to be deemed intoxicated or get a DWI. If you are pulled over for weaving or drifting in or in and out of your lane of traffic and a field sobriety test is conducted and you perform those tasks but present clues that shows your intoxicated you can still be charged with a DWI even if you blow a .07, the .08 is automatic DWI by per say law. in other words because statute says so. A lot of people have a misconception that you can't be charged with a DWI unless you blow a .08 but that is not true, you can blow less than a .08 and still be charged and convicted of DWI if the totality of the circumstances point out that your too intoxicated to drive a motor vehicle.



Edited 1 time(s). Last edit at 02/23/2010 09:32PM by bcoop.

Re: CCW and alcohol
Posted by: CCWTrainer
Date: February 23, 2010 09:53PM
True. I should have clarified that you are AUTOMATICALLY considered intoxicated at .08 for the purpose of operating a motor vehicle.
The gun in your possession means you are AUTOMATICALLY intoxicated if the officer says you are. no test necessary.

Re: CCW and alcohol
Posted by: jorville82
Date: February 24, 2010 07:22AM
Thank you both, that clears it up.