Penal Code §46.035(d): Unlawfully Carrying a Handgun While Intoxicated

The Texas Penal Code (PC) includes sections that address the use of alcohol while carrying a handgun.

• According to PC §46.035(d), it is an offense for a person with an LTC to carry a handgun while the person is intoxicated even if the handgun is in a belt or shoulder holster.
• According to PC §49.01, “intoxicated” means:
  • Having an alcohol concentration of 0.08 or more or…
  • 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.