Definition of "under the influence" for carry

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  • kshaw

    Active Member
    Nov 21, 2012
    310
    Gaithersburg, MD
    If you follow the same rules that pilots are required to follow, you should have no problem: 8 hours from bottle to throttle [some airlines require 12 hours] and blood alcohol concentration under .04%. Absent any state definition of under the influence, that is what I would follow.
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,407
    Glen Burnie
    If you follow the same rules that pilots are required to follow, you should have no problem: 8 hours from bottle to throttle [some airlines require 12 hours] and blood alcohol concentration under .04%. Absent any state definition of under the influence, that is what I would follow.

    Yeah. No. There is no other instance other than operating a motor vehicle that an Officer can portable breath test you or haul your ass in for a breathalyzer to determine bac. How does a cop measure that? There are no other offenses that rely on bac for PC to convict.
    (this is a terrible example) Let's say you are at a bar and a cop sees your holster sticking from under your shirt. You are drinking a beer. You leave and because of his training and experience he sees you have a holstered pistol under your shirt and approaches you to ask if you are a permit holder or cop.
    You are under the influence while carrying.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,877
    Well , there are other things besides literally operating a motor vehicle . A number of positions are designated by various arms of DOT as safety sensitive , and have alcohol related rules .

    Other than driving ( or operating other things that move ) , includes certain mechanics , technicians , and dispatchers / control personnel generally .
     

    Rob R.

    Active Member
    Oct 29, 2016
    771
    Harford Co
    Seen this brought up before. Just my 2 cents but I would see zero issue with someone under a .04

    I personally don’t care for alcohol whatsoever, however it’s frustrating to hear someone say if you have a beer then you’re reckless and should not carry. Are we talking about a 90lb woman or 250lb man while you’re at it?
    At 6’4” 230 one drink does absolutely zero to me..
    If that were the case, should you be allowed to own firearms at all when you’re home and drinking like a fish on special occasions or the every other weekend 6pk over the course of a few hours?

    Handful of times per year I have one or two alcoholic beverages over the course of 1.5-2hrs at a dinner or get together with family/friends. I have been intoxicated above a .04 zero times since my early 20’s (over a dozen years ago). Don’t see any issue with someone having a glass of wine or a 12oz beer or two at dinner keeping below a .04 based on their weight etc.
     

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    1time

    Ultimate Member
    Apr 26, 2009
    2,258
    Baltimore, Md
    Blasters point is that even though you may not be over the legal limit, you will not be offered a evidentiary test if you are found carrying. Whether you are impaired or not will be based off of the officers observations alone, which usually starts with an odor of an alcohol beverage. Breath tests are linked to traffic arrests cannot be given unless they are charged with dui/dwi.
     

    motorcoachdoug

    Ultimate Member
    MDS Supporter
    IMHO My own rule of thum is if you are carrying you drink ZERO NADA! If you are going to be carrying NADA for 24hrs before hand!!! NONE..That way if you should get involved in defending yourself and or your family you can say you had NADA to drink 24hrs before hand.... otherwise they could say you are still under the influence when in court.... and i would not want to take that chance at all!
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,407
    Glen Burnie
    Blasters point is that even though you may not be over the legal limit, you will not be offered a evidentiary test if you are found carrying. Whether you are impaired or not will be based off of the officers observations alone, which usually starts with an odor of an alcohol beverage. Breath tests are linked to traffic arrests cannot be given unless they are charged with dui/dwi.

    PBTs are fun at parties tho :D
     

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