Originally Posted by
PD Sgt.
C4, good question. I have never had that come up firsthand, so this is all off the cuff, so to speak.
With the introduction of alcohol, as is the case with other matters, the hoops get a bit higher. If there is no question the person had ingested alcohol, I would attempt to determine blood alcohol content, be it by breath, or preferably, blood. While some may balk at this, it actually can benefit the person involved. If the BAC is below legal limit, there is now proof of that level. This may help mitigate civil action later where the amount of alcohol ingested or degree of impairment could be questioned. It also verifies the story of the person involved, and can add credibility to their statements.
I think the big problem is that while there is a legal limit for operating a motor vehicle, there is not usually a statutory limit for the carry/use of a firearm. There are usually laws against the intoxicated possession of a firearm, but the limit is not as clearly defined as with operating an automobile. This is then seized upon by some who feel any presence of alcohol is cause for charges.
Personally, I feel that if the person is not impaired, and this is borne out by observation and testing, the legitimacy of an otherwise jusifiable shoot is not diminished. I would not book the person that night. As is customary, I would send the package to the DA, and they would determine if it is presented to a Grand Jury, and the GJ would decide if an indictment would be issued. My personal input would be a good shoot is a good shoot, and I have had good results in the past with my input being considered in the decision to present. I realize however, that I have less control over the outcome once the file leaves my desk.
I feel the presence of alcohol creates a greater liability in a civil court, where the threshold for conviction is lower, and it is even easier to obfuscate the facts than in a criminal proceeding.
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