It is LEGAL to carry a firearm into a restaurant and/or bar that serves alcohol.
It is ILLEGAL to carry a dangerous weapon (firearm) while under the influence of alcohol or drugs but there is no law that prohibits consuming alcohol while carrying a firearm.
A person cannot be charged under this law if:
• You are under the influence and have a firearm that is securely encased or if it’s not within such close proximity and in such a manner that it can be retrieved and used as readily as if carried on the person
• You use or threaten to use force in compliance with Section 76-2-402
• You are carrying a dangerous weapon or firearm in your home or someone else’s home as long as you have their permission to have the firearm in their home
76-10-528. Carrying a dangerous weapon while under influence of alcohol or drugs unlawful.
(1) It is a class B misdemeanor for an actor to carry a dangerous weapon while under the influence of:
(a) alcohol as determined by the person's blood or breath alcohol concentration in accordance with Subsections 41-6a-502(1)(a) through (c); or
(b) a controlled substance as defined in Section 58-37-2.
(2) This section does not apply to:
(a) an actor carrying a dangerous weapon that is either securely encased, as defined in this part, or not within such close proximity and in such a manner that it can be retrieved and used as readily as if carried on the person;
(b) an actor who uses or threatens to use force in compliance with Section 76-2-402;
(c) an actor carrying a dangerous weapon in the actor's residence or the residence of another with the consent of the individual who is lawfully in possession;
(d) an actor under the influence of cannabis or a cannabis product, as those terms are defined in Section 26B-4-201, if the actor's use of the cannabis or cannabis product complies with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; or
(e) an actor who:
(i) has a valid prescription for a controlled substance;
(ii) takes the controlled substance described in Subsection (2)(e)(i) as prescribed; and
(iii) after taking the controlled substance, the actor:
(A) is not a danger to the actor or another individual; or
(B) is capable of safely handling a dangerous weapon.
(3) It is not a defense to prosecution under this section that the actor:
(a) is licensed in the pursuit of wildlife of any kind; or
(b) has a valid permit to carry a concealed firearm.
(1) An actor commits driving under the influence if the actor operates or is in actual physical control of a vehicle within this state if the actor:
(a) has sufficient alcohol in the actor’s body that a subsequent chemical test shows that the actor has a blood or breath alcohol concentration of .05 grams or greater at the time of the test;
(b) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the actor incapable of safely operating a vehicle; or
(c) has a blood or breath alcohol concentration of .05 grams or greater at the time of operation or actual physical control.
(2) (a) A violation of Subsection (1) is a class B misdemeanor.
(b) Notwithstanding Subsection (2)(a), a violation of Subsection (1) is a class A misdemeanor if the actor:
(i) has a passenger younger than 16 years old in the vehicle at the time of the offense;
(ii) is 21 years old or older and has a passenger younger than 18 years old in the vehicle at the time of the offense;
(iii) the actor also violated Section 41-6a-712 or 41-6a-714 at the time of the offense; or
(iv) has one prior conviction within 10 years of:
(A) the current conviction under Subsection (1); or
(B) the commission of the offense upon which the current conviction is based.
(c) Notwithstanding Subsection (2)(a), a violation of Subsection (1) is a third degree felony if:
(i) the actor has two or more prior convictions each of which is within 10 years of:
(A) the current conviction; or
(B) the commission of the offense upon which the current conviction is based; or
(ii) the current conviction is at any time after a conviction of:
(A) a violation of Section 76-5-207;
(B) a felony violation of this section, Section 76-5-102.1, 41-6a-520.1, or a statute previously in effect in this state that would constitute a violation of this section; or
(C) any conviction described in Subsection (2)(c)(ii)(A) or (B) which judgment of conviction is reduced under Section 76-3-402.
(3) Alcohol concentration in the blood shall be based upon grams of alcohol per 100 milliliters of blood, and alcohol concentration in the breath shall be based upon grams of alcohol per 210 liters of breath.
(4) A violation of this section includes a violation under a local ordinance similar to this section adopted in compliance with Section 41-6a-510.
(5) A court shall, monthly, send to the Division of Professional Licensing, created in Section 58-1-103, a report containing the name, case number, and, if known, the date of birth of each person convicted during the preceding month of a violation of this section for whom there is evidence that the person was driving under the influence, in whole or in part, of a prescribed controlled substance.
(6) An offense described in this section is a strict liability offense.
(7) A guilty or no contest plea to an offense described in this section may not be held in abeyance.
(8) An actor is guilty of a separate offense under Subsection (1) for each passenger in the vehicle that is younger than 16 years old at the time of the offense.
As used in this part:
(6)(a) “Dangerous weapon” means:
(i) a firearm; or
(ii) an object that in the manner of its use or intended use is capable of causing death or serious bodily injury.
(b) The following factors are used in determining whether any object, other than a firearm, is a dangerous weapon:
(i) the location and circumstances in which the object was used or possessed;
(ii) the primary purpose for which the object was made;
(iii) the character of the wound, if any, produced by the object’s unlawful use;
(iv) the manner in which the object was unlawfully used;
(v) whether the manner in which the object is used or possessed constitutes a potential imminent threat to public safety; and
(vi) the lawful purposes for which the object may be used.
(c) “Dangerous weapon” does not include an explosive, chemical, or incendiary device as defined by Section 76-10-306.
The Federal Motor Carrier Safety Administration (FMCSA) has established 0.04% as the blood alcohol concentration (BAC) level at or above which a CDL commercial motor vehicle operator who is required to have a CDL, and is operating a commercial motor vehicle, is deemed to be driving under the influence of alcohol and subject to the disqualification sanctions in the Federal regulations. Most States have established a BAC level of .08% as the level at or above which a person operating a non-commercial motor vehicle is deemed to be driving under the influence of alcohol. Sanctions for alcohol-related driving violations may affect the driver’s qualification and eligibility for both commercial and non-commercial licenses.