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Does the BAC level change if you are carrying concealed

PostPosted: Mon, 19 Nov 2018 22:07:13
by spotterjoe
:iwojima: Hi,
I am new to the forum and have a question. First a little background. I'm a retired 33 year Air Force veteran with a resident CHP issued by my county clerk. I am a life member of the VFW and tend bar at the local post. I do not drink while tending bar but I do carry concealed. One of the patrons told me yesterday that the BAC level changes from .08 to .02 if you are carrying concealed. I have looked all over the internet, but can't find a law that states the BAC changes if you conceal carry in Virginia. If you respond, please state law or references, not "I think".
Thanks,
spotterjoe

Re: Does the BAC level change if you are carrying concealed

PostPosted: Tue, 20 Nov 2018 11:07:42
by WRW
This is what I could find:
https://law.lis.virginia.gov/vacode/tit ... 2-308.012/

I am not a lawyer, but if you can't find it there may be a good reason.

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Re: Does the BAC level change if you are carrying concealed

PostPosted: Tue, 20 Nov 2018 23:52:28
by MarcSpaz
Same. I'm no lawyer, but it is my understanding that the answer is, if you are carrying, the BAC is zero (+/- whatever the tolerance is for some OTC meds, etc) or you are getting arrested. Of course, there is a ton of other stuff that happens before that... you behave in such a manner that you now have the attention of the police, probable cause and reason to suspect, etc.

Regardless of the law, my best advice would be that if you want to consume alcohol, leave it at home.

Re: Does the BAC level change if you are carrying concealed

PostPosted: Wed, 21 Nov 2018 22:19:27
by smltooner
MarcSpaz wrote:....Regardless of the law, my best advice would be that if you want to consume alcohol, leave it at home.

I agree. If you are carrying, don't drink, period.
I have never understood why it is legal to consume alcohol in a licensed establishment if you are OCing, but not if you are CCing.
Can anyone explain that reasoning to me?
By the way, :welcome: spotterjoe.

Re: Does the BAC level change if you are carrying concealed

PostPosted: Wed, 21 Nov 2018 22:39:05
by MarcSpaz
smltooner wrote:...I have never understood why it is legal to consume alcohol in a licensed establishment if you are OCing, but not if you are CCing.
Can anyone explain that reasoning to me?...


Sure. An overwhelming number of lawmakers are idiots who have no idea what they are doing or talking about. To complicate things further, instead of doing a bit of research to educate themselves on any given subject, they write and pass Bills that make people "feel good" so they can get re-elected... because, you know... its easier and they can make more money.

Re: Does the BAC level change if you are carrying concealed

PostPosted: Fri, 23 Nov 2018 00:50:01
by smltooner
MarcSpaz wrote:
smltooner wrote:...I have never understood why it is legal to consume alcohol in a licensed establishment if you are OCing, but not if you are CCing.
Can anyone explain that reasoning to me?...


Sure. An overwhelming number of lawmakers are idiots who have no idea what they are doing or talking about. To complicate things further, instead of doing a bit of research to educate themselves on any given subject, they write and pass Bills that make people "feel good" so they can get re-elected... because, you know... its easier and they can make more money.

I know the lawmakers are idiots, so evidently they think we are idiots too. :confused:

Re: Does the BAC level change if you are carrying concealed

PostPosted: Fri, 23 Nov 2018 10:35:33
by allingeneral
My understanding is that you cannot seem "impaired" regardless of blood alcohol content. Certainly if you are over the legal limit of .08 you would be considered impaired. Since there's no legal definition of the term impaired that I'm aware of, it's left up to the interpretation of whoever is deciding to take you to jail.

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Re: Does the BAC level change if you are carrying concealed

PostPosted: Fri, 23 Nov 2018 20:22:29
by MarcSpaz
allingeneral wrote:My understanding is that you cannot seem "impaired" regardless of blood alcohol content. Certainly if you are over the legal limit of .08 you would be considered impaired. Since there's no legal definition of the term impaired that I'm aware of, it's left up to the interpretation of whoever is deciding to take you to jail.

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:thumbsup: :thumbsup: :thumbsup: :thumbsup: :thumbsup:

Re: Does the BAC level change if you are carrying concealed

PostPosted: Sat, 24 Nov 2018 11:23:14
by Reverenddel
This whole conversation makes me think back in history when men had readily accessible weapons, and imbibed like crazy.

(shakes head) I know, I know, but this nanny-state crap sucks.

Re: Does the BAC level change if you are carrying concealed

PostPosted: Sat, 24 Nov 2018 13:43:35
by MarcSpaz
Reverenddel wrote:...(shakes head) I know, I know, but this nanny-state crap sucks.


Sadly, that's what happens when the people surrender freedom to government.