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Originally Posted by DD977GM2
I would venture to guess that it might be harder to defend against, but the premises would still be the same.
they would be looking for sound judgement.
did you hear something outside and go looking? probably different if you are drunk.
did somebody bust the door down and rush into the house? probably still ok defending yourself..
So tehnically you're good up until that pointQuote:
Originally Posted by SuperiorDG
I think if you are clearly in danger the Make My Day law would trump you being drunk. But depending on the DA you might have to prove it in court.Quote:
Originally Posted by DD977GM2
Quote:
Originally Posted by SuperiorDG
yeah that's what Im thinking too....
This is not technically correct. A DUI can be issued below .08 if the arresting LEO has reason to believe that you are not in complete control of yourself. That is why you have to do a roadside sobriety test. If it was only based on blood alcohol content, they would only give you a breathalyzer.Quote:
Originally Posted by SuperiorDG
I have a friend that received a DUI after blowing a .05. The charges were reduced when he went to court (not by much), but the arresting LEO said that he failed the road side test and the fact that he crossed the white line while driving was proof enough that he was not in control of his vehicle. The shitty part was that the white line was while he was merging, and he was just one of those naturally uncoordinated guys. He would have failed the roadside test any day of the week, but he was on the wrong side of the law.
Long story short, the LEO has some discretion as to whether or not you are a danger to others. All it takes is a secondary offence, say a bar fight that you were involved in, a positive BAC and you are walking the line and it could go either way. Not worth the risk.
This is end result for all of the questions. If you have a firearm and have been drinking, if anything goes wrong and you are talking to LE, be prepared to take it up in court. You are going to be fighting a hard battle to prove that you were not intoxicated and if deadly force was used, I would be surprised if you come out unscathed.Quote:
Originally Posted by SuperiorDG
Quote:
Originally Posted by cfortune
Wouldn't that fall under the Make My Day law?
If you're carrying and you have a beer or two at a restaurant, big f*ckin deal. If you can't stick within your limits with alcohol, you probably aren't responsible enough to be carrying a firearm. Now if you're going out to meet some buddies at the bar or something and plan on drinking a lot, it might be a better idea to leave it in the car.
Fixed for you, just in case you don't want to risk a break in, because if you're too intoxicated to handle a gun, you're too intoxicated to drive, and vis-a-versa. [Beer]Quote:
Originally Posted by mcantar18c
No, it isn't. Not in terms of being in possession of a firearm and being intoxicated.Quote:
Originally Posted by dwalker460