I had a situation the other day that got me thinking. I went out on a date recently and had about 5 beers from around 6PM until about 2AM. I drove home after that. I pretty much figured I was under the .08 limit and I felt fine to drive so I did. On the way home I passed three cops and of course I was the only car in sight at that hour. I was wondering what would have happened had I been pulled over. I know I could have passed roadside tests if I opted to take them but what do they do to determine if you're under the influence for firearms? I know under the influence isn't defined but how do they determine if you are or are not? If they request that you take roadside tests and a breathalyzer can those be refused or is there a law requiring one to submit when carrying firearms? If you do refuse are you then unsuitable? That one's basically rhetorical but just throwing it out there....
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Carrying a firearm under the influence of alcohol in MA
- Thread starter CCW
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M1911
Moderator
There is no statutory limit for carrying while under the influence. So even if you had a 0.06 BAC and were carrying, you could be arrested. The late attorney Darius Arbabi defended a fellow who was arrested for carrying under the influence. He literally had two beers and was well under the 0.08 driving limit. Arbabi won the case, but it took months and I'm sure it cost the defendant thousands. In addition, the defendant's LTC was revoked and firearms seized. Yes, the chief could decide that you are unsuitable after such an incident.
A couple suggestions: If you are going to be drinking for 7 hours, don't drive and don't carry. Second, nothing good happens after 11 PM. Get home before then. You are far more likely to get unwanted attention from the police if you are driving around at 0-dark-30 than if you are driving around at 7 PM.
A couple suggestions: If you are going to be drinking for 7 hours, don't drive and don't carry. Second, nothing good happens after 11 PM. Get home before then. You are far more likely to get unwanted attention from the police if you are driving around at 0-dark-30 than if you are driving around at 7 PM.
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Palladin
NES Member
this.
/thread
This is how I feel, drinking is one of the few reasons i wont carry.
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M1911
Moderator
Carrying is one of the reasons I don't drink.
That's too general of a statement.
IMO there is nothing wrong with having a couple beers while carrying. At a restaurant, at a bar, family cookout or on your couch, who cares.
Would I get hammered and carry [in public]? No because THAT is irresponsible to ME.
Concealed means concealed.
M1911
Moderator
I think that is an overstatement.
If I'm responsible enough to carry a gun, I think I'm responsible enough to have a drink while carrying. Don't drive like an idiot, and I doubt a breathalyzer is the first thing the cops are going to think about when responding to a self defense shooting.
grizquad
NES Member
I agree with the others, Dont drink if you are going to carry. As for refusing sobriety check, if you are "suspected" I believe its an automatic suspension of your drivers license for several months. Even if you win in court, you probably will be out a minimum of $5k for a lawyer, and all the hassle.
Just dont drink and carry or drive.
Just dont drink and carry or drive.
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Yup.
The argument of applying a .08 BAC limit to carrying a gun is just that--an argument, one you'll have to make in court. It's not a rule.
Frankly, I think the statute could be challenged as void for vageness, though I think it would be equally as easy for an anti-judge to simply rule that ANY intoxication is enough to trigger the statute.
drinking is one of the reasons I don't carry.
And a friend of mine is a defense attorney for DUI cases. He's very successful: and requests a $10,000 retainer up front to start. Way cheaper not to drink.
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I carry whenever I legally can. If I feel like I need to carry while out drinking...I'm in the wrong neighborhood. If I decide to start drinking, gun gets locked away.
I disagree with the post that the condition of the shooter in a self-defense shooting is not a concern of the police. If you ever find yourself in a situation where you are being questioned by police about anything firearms related, you better hope you are a sober as a Sunday School picnic, or you'll be in for a long headache, much worse than any hangover.
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If you aren't responsible enough to have a drink or two while carrying maybe you shouldn't carry at all. If you chose to not drink because you are carrying, that is quite responsible. There is a difference.
I see no problem with having a drink or two while carrying. I don't carry without a reason. I also don't have any idea of when that reason may be applicable. So it does me no good to not carry just because I'm having a drink. Of course if I make the choice to go out to drink to get drunk, no, I won't be carrying. I mean you can make a pretty good argument against drinking to get drunk not to mention doing so while armed...
Make your own desisions understanding the benefits, risk, and potential consequences of them.
I see no problem with having a drink or two while carrying. I don't carry without a reason. I also don't have any idea of when that reason may be applicable. So it does me no good to not carry just because I'm having a drink. Of course if I make the choice to go out to drink to get drunk, no, I won't be carrying. I mean you can make a pretty good argument against drinking to get drunk not to mention doing so while armed...
Make your own desisions understanding the benefits, risk, and potential consequences of them.
fencer
NES Member
Really? Not trying to be a smart ass, but you only carry if you have a specific reason?
I guess that is true with me too, but the reason is that I am awake.
fencer
NES Member
Yeah.... that is a felony in Mass. Don't do this.
Easy to say much harder to live with if it happens. One drink can get you charged, and what do you do if the coppers stop you and ask for your LTC as part of a routine stop or roadblock...impossible you say? I won't take that bet. Probably wouldn't have happened 10 years ago but there have simply been too many sh*tshows and horror stories coming out of Mass these days that anything can happen. I work in the system and I'm very concerned the way things are going. Even if it never held up in court, you are still screwed.
You just carry because you are awake or do you carry because there might be sometime where you need to defend yourself?
This. I know if I am going out and having drinks my gun is staying home!
fencer
NES Member
How do you know when you need to defend yourself? Is there a beeping noise or something like when your glasses are ready?
PaulR
NES Member
over school vacay I took the wife and kids to lunch, I had a beer, had <edit>"something" in my pocket. Then I drove home.
Probably not super wise, but I'm living breathing and here to tell about it.
Probably won't make a practice of it.
Definately would never even have more than one beer.
I'll admit I'm older, 42. Twenty years ago drinking and driving was not as taboo as is it is today, of course it was just as illegal. I've driven home many many many times questionable if I was near or just over the limit.
Today, now that I carry, forget about it, I drive the straight and narrow. Just not worth losing everything for.
Probably not super wise, but I'm living breathing and here to tell about it.
Probably won't make a practice of it.
Definately would never even have more than one beer.
I'll admit I'm older, 42. Twenty years ago drinking and driving was not as taboo as is it is today, of course it was just as illegal. I've driven home many many many times questionable if I was near or just over the limit.
Today, now that I carry, forget about it, I drive the straight and narrow. Just not worth losing everything for.
I don't...which is why I carry.
xero2099
NES Member
I was an alternate juror on a oui case recently the the state had no other evidence other than the officers testimony and the officers report and the they still convicted the guy there is zero tolerance for it I have not started to carry yet (still deciding on what I want to use) but when i start if I know I am going to be drinking I'll leave the gun home and get a ride
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This was almost certainly a case where the driver refused the BAC. The jury is not allowed to know the reason for the lack of BAC and is told to make its decision based on the available evidence.
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