Specific penalties for the HCP holder violating HB0962

[C. Richard Archie]

What are the specific penalties for the HCP Holder if found in violation of carrying in a restaurant while under the influence of alcohol? Are they more serious than for the non HCP Holder if found in an establishment that serves alcohol?

Also, what about a standard traffic stop where a holder is found to be under the influence, more serious penalties for the HCP Holder as opposed to the non holder?

I would think that by virtue of not having a permit the offender would be without a defense against going armed?

[johnharris]

Penalties are the same except the non-permit holder will not loose the permit for a year. Also, the non-permit holder could also be charged with an additional violation of carrying with intent to go armed.

[69Charger]

What is the penalty and what is the standard? If you are driving and your BAC (blood alcohol content) is found to be 0.05%, you would be OK to continue driving on your way, but what about if you also have a weapon? Is the standard 0.08 (like for driving) or is it less?

[johnharris]

A violation of the restaurant statute is a Class A misdemeanor.

A violation of the possession under the influence statute is a Class A misdemeanor.

Each of those carry up to a $2,500 fine and up to 11 months 29 days jail/probation.

If there is no permit, you can add an additional Class C or Class A misdemeanor for carrying with intent to go armed.

All require mandatory forfeiture of the weapon under 39-17-1317.

Plus court costs and attorney's fees which could add easily another $1000 to $3,500 to the charges depending on who you hire and what part of the state it is in.

[ProguninTN]

[johnharris]

the statute requires "under the influence" which is clearly a standard above "any" unless some poor soul because impaired with the smallest drop. Law enforcement must still prove impairment and the point is that they do not get the legal presumption that exists with drivers. It could be a problem for them that they do not understand.