Several outlets picked up on the fact that laws passed in Texas earlier in the year now allowed for openly carrying swords, banned texting while driving, and had several other assorted effects, but one thing that was virtually unreported when it became effective was a small but significant change to the State’s underage drinking laws.
The notion that driving is a privilege subject to the whims of the State and not a protected right has taken a firm hold. By threatening to revoke a 'privilege' instead of a 'right', such as your liberty by throwing you in jail or your property by assessing a fine, failure to comply is not technically a crime and thus, being compelled to provide blood, urine or breath samples does not violate your 'right' to not incriminate yourself.
One question I’ve been hearing more lately in the wake of recent shootings at bars, nightclubs and music festivals is whether its legal to carry a concealed weapon into those places for protection. As usual with these questions, the answer is “it varies”.
While alcohol and firearms don’t mix, there are plenty of people who go to concerts, shows and other venues where alcohol is served without drinking. Designated drivers immediately come to mind. How each state addresses these situations is influenced by several types of laws.
Someone loses gun rights for a first DUI in Massachusetts, but can possess pounds of marijuana without facing this risk. Yet in Arizona one can basically never lose your gun rights for a simple DUI no matter how habitually convicted, while possession of any amount of marijuana there will trigger this loss.
Mississippi is the only state in the country to allow an open container of alcohol to be present while driving. Under 66-11-30 of Mississippi’s penal code a person in considered driving under the influence if their blood alcohol concentration is above 0.08, however there is no law concerning drinking while driving