If you have a concealed handgun permit, you must be aware that if you drive while you are intoxicated and you have your gun with you, you will be charged with two crimes. First, of course, is the DWI. Second, you will be charged with Unlawful Carrying of Handgun by License Holder. The law states that "a license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed."
It is important to note that the law does not mention the necessity of driving. If you are walking down the street, or in a public place and you are intoxicated, you can be charged with committing this offense.
This is a Class "A" misdemeanor, with a range of punishment of confinement in the county jail for not more than 1 year and/or a fine not to exceed $4,000. If you are probation eligible, it may be granted for up to 24 months.


