Alcohol limit

I know it is illegal to carry under the inlfuence in Colorado. I open carried in many bars but I only ate and had non-alcoholic beverages. Can you have a drink at all while carrying or open carrying?

Count said:

I know it is illegal to carry under the inlfuence in Colorado. I open carried in many bars but I only ate and had non-alcoholic beverages. Can you have a drink at all while carrying or open carrying?

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This is a point of much contention because the law does not clearly define what "under the influence" means in regards to carrying. The law reads:

18-12-106. Prohibited use of weapons.
(d) The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance, as defined in section 12-22-303, C.R.S. Possession of a permit issued under section 18-12-105.1, as it existed prior to its repeal, or possession of a permit or a temporary emergency permit issued pursuant to part 2 of this article is no defense to a violation of this subsection.

Most people assume it's the same as the limit for driving but it's unclear. This lack of a definition was brought up in People v. Beckett but the court ruled the lack of a definition did not matter because the individual testified that he was too drunk to drive.

As was said above, the law only defines "under the influence" which in driving is a more foregiving standard than the "impaired to the slightest degree" of a DWAI. So it's really hard to say. It goes without saying that it's not a good idea. If you're the type of person that enjoys a glass of wine or a beer with your meal, you'd be better off in public CCing than OCing while doing it.

I think the biggest factor here is not what the police will think, but what will the jurors think about you drinking and then defending yourself?

You may feel 1 or 2 drinks is fine for you to function normally and drive just fine, but what if the jurors feel you are guilty of murder because your judgement was impaired?

Just my thoughts on the issue. I don't drink, so I don't need to worry about this.

A couple weekends ago I was in Minneapolis and I got to carry in a bar for the first time (I live in WI...WI sucks. Can't even carry in a restaurant if they serve alcohol.). Especially since the bar was in a sketchy neighborhood, I was glad I was able to carry. I am moving to Colorado soon, so I am very happy with CO laws that I can carry in restaurants that serve and bars. Should my fiancé want to go out, I can go out with her and protect us, and not have to leave the gun(s) at home.

Drinking alcohol while carrying

IMHO I believe, better safe than sorry, if I'm going to have a drink I will do it at home. With the way things are, it is a big enough responsibility to carry and possibly have to defend your self, or a loved one, with out having any alcohol in your system. I believe it isn't wise to tempt fate. JMHO

Very gray area in CO statutes. I would guess .08 is prima facia proof; less would be under the discretion of the cop. Better to be safe than sorry, and carrying while impaired is simply stupid in the first place. I drink very little, but would feel ok with one. That's about it.

Just play it safe and if you're carrying, don't drink. If you think you might be drinking, leave the gun at home.

Count said:

I know it is illegal to carry under the inlfuence in Colorado.

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Correct. What's not defined for the carrying of firearms is "under the influence." The motor vehicle limit is written in statute, but don't ever make the mistake of thinking it'll be the same for the carrying of a firearm, as it probably won't, either in a judge's eyes, an LEO's eyes, a prosecutor's eyes, or a jury's eyes. A good prosecutor can steer a jury into thinking you were guilty of being under the influence if you've have any alcohol in your system. A great one will convince them you were under the influence if you're dry and just nursing a hangover!

Best bet: Don't be a CAD (carrying and drinking)