Okay, so my understanding is that massprudence says carrying and alcohol are basically zero tolerance policy. Frankly, this is logical to me. No need to mix those two intentionally.
What about defense of your home? You are enjoying a nice bourbon, sitting on the couch with the misses, and you hear someone start pounding on your door. You aren't wasted, but you aren't sober. You have a chance to unlock your properly stored firearm and retrieve it just before someone kicks in your door. You neutralize the threat, and PD arrive on scene and ask if you've been drinking.
A) I assume generally speaking the best advice is to plead the 5th and call for a lawyer.
B) Lets say you are dumb enough to say "yes" or that you have the smell on your breath, etc. Lets say you blow a 0.1?
Is it the same charge as carrying under the influence? Just bad timing and a hurdle for your defense case?
Is drinking at home a liability?
What about defense of your home? You are enjoying a nice bourbon, sitting on the couch with the misses, and you hear someone start pounding on your door. You aren't wasted, but you aren't sober. You have a chance to unlock your properly stored firearm and retrieve it just before someone kicks in your door. You neutralize the threat, and PD arrive on scene and ask if you've been drinking.
A) I assume generally speaking the best advice is to plead the 5th and call for a lawyer.
B) Lets say you are dumb enough to say "yes" or that you have the smell on your breath, etc. Lets say you blow a 0.1?
Is it the same charge as carrying under the influence? Just bad timing and a hurdle for your defense case?
Is drinking at home a liability?