I think you make a good point, just because it says under the influence of something does not mean that first drink, you must look up what it means by under the influence, which in most takes is .08-.10, this would allow the one or two drinks with dinner or such, like driving, you must make sure you give enough time between the last drink and your leaving, I was offered a beer the other day and opted not to take it, I was leaving in 10 minutes and did not have dinner in me yet, I figured a beer and 10 minutes would leave me open to a dui, plus I was carrying which would have been another issue if I was over the limit. Nice to know if I go down to say islamarda for dinner and drink a daiquiri I will be ok
Originally Posted by
bigbulls
In your scenario you would have been carrying inside a bar and a "place of nuisance" (as defined by Florida statutes) by being in a strip club, and you would have been breaking the law to begin with and would be subject to arrest long before you shot someone.
Second, regardless of how you may feel about it, in Florida you still have the right to defend your life with lethal force even when you have had a few beers or glasses of wine at a restaurant while you were out on "date night" with your wife.
How am I reading it wrong? It's right there in black and white. It can't get any more easy to understand. And no, I hardly drink at all anyway. But if I want to have a beer when my wife and I go out to dinner it's nice to know I am not going to be breaking any laws by being armed.
If it's in a holster it is not in your hand. If it is in a holster you are not using it as defined by the statute. And you still have the right to use it in lawful self defense.
I also posted the requirements for being intoxicated to the extent that normal faculties are impaired and you are not legally considered inpaired until your BAC is .10 or higher.
Any ways, It's right there in black and white. You can interpret it how you wish.