Hypothetically, you are fine.

Realistically, there probably are a few squirrels living on your property, whether you know it or not.

Drink less and many things in your life will improve.

There is so much mis-information here its laughable. I am a Police Officer and I will set the record straight. Number one, if you are on private property, DWI and open container laws DO NOT apply. DWI has to be committed in a public place and a private pasture is not. You can be drunk as a skunk driving around your own property and it is not against the law. Open container only applies to a motor vehicle that is located on a public roadway. You can sit in your vehicle and drink beer all day in your own driveway, pasture, or whatever.



There is nothing in the DWI statute that makes having a rifle in the vehicle with you a felony if you are stopped and arrested for DWI. Rifles do not apply to the Unlawful Carry of Weapon statute which is what folks most commonly refer to when situations involving handguns and motor vehicles arise. It is against the law to have a CHL and carry your handgun while intoxicated. I believe that is a Class A misdemeanor.

In short, you are not in violation of ANY law that I am aware of, and certainly nothing in the penal code, by driving around your pasture checking cows while drinking a few beers and having a rifle in your truck.

There is so much mis-information here its laughable. I am a Police Officer and I will set the record straight. Number one, if you are on private property, DWI and open container laws DO NOT apply. DWI has to be committed in a public place and a private pasture is not. You can be drunk as a skunk driving around your own property and it is not against the law. Open container only applies to a motor vehicle that is located on a public roadway. You can sit in your vehicle and drink beer all day in your own driveway, pasture, or whatever.

There is nothing in the DWI statute that makes having a rifle in the vehicle with you a felony if you are stopped and arrested for DWI. Rifles do not apply to the Unlawful Carry of Weapon statute which is what folks most commonly refer to when situations involving handguns and motor vehicles arise. It is against the law to have a CHL and carry your handgun while intoxicated. I believe that is a Class A misdemeanor.

In short, you are not in violation of ANY law that I am aware of, and certainly nothing in the penal code, by driving around your pasture checking cows while drinking a few beers and having a rifle in your truck.

Have a question to add to this thread:

I'm a fairly new CHL, took my class a few months ago and just got my license. I clearly remember from my class (because it brought up a lot of questions and discussion) that my instructor said that if your a CHL and you have your weapon with you in public having one drink is a felony, period. His words were something like this: In Texas, if your a packing CHL and your blood alchohol level is .000000000000001, you are in violation and in big trouble.

We must have spent an hour on this subject alone. We went over all the possible scenarios but all were basically variations of the one below:

Your on your way home from work and stop for a beer (one beer) with the guys. You leave your gun in the car, and even leave it out of reach on the way home (like in a locked safe and in the trunk) . . . . . . . . doesn't matter, your still breaking the law. His basic answer for the guys in class that drink here and there was, if your going to stop off and drink a little that day, leave it at home in the safe. It's the only place you can have even the slightest amount of alcohol in your system and a gun in your vicinity. Did not make any difference if you drove, were a passenger , walked, rode a bike, hitch hiked, or had your wife pick you up. One beer, one gun, your done being a CHL forever!!

That discussion has never sat right with me since I took the class. I've asked around a little, but haven't got a clear and definate answer from anyone. Mainly because it seems that nobody knows for sure. I have already had to leave my pistol at home one night and drive back without at around 2 a.m. and didn't like it. I was at a poker game at a friends house. Had a few beers over a 5 hour period. Not Drunk for me. Not even tipsy.

Anyone have an answer, and maybe even proof? Maybe a link? I'm pretty sure my instructor is wrong, but before I have a sip I want to make sure!!

You can have alcohol in your system and drive as long as you are under .08 and aren't a danger to anyone so I'm not sure about the felony that wp75169 is talking about, or how having a gun in the car would change the situation, but I'm no expert.

[quote=RanchoStarvo]

And, just my opinion, but, you've got to be an idiot to drink ANY alcohol and then handle a loaded weapon, regardless of whether you're on public roads or private property, concealed carrying, hunting, whatever...

let's start here:

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm#46.02

"(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed."

"Intoxicated" means:

(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or

(B) having an alcohol concentration of 0.08 or more.

true enough, but I see where the initial curiousity came in

This is great news, now I need to plot a course to my local bar using only my neighbors lawns!