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Why would it be that being sober would make the shooting legal, but being drunk would not? I don't know of a single law that stipulates self defense is only valid when sober.
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I found the question interesting. At what point do you lose your right to defense from violent criminal attack, in your own home, where alchohol is concerned?
Easy enough to see how one could have their firearm put away while drinking, and access it in an emergency.
Unfortunately, laws aren't always clear cut---probably by design to benefit lawyers. Very easy to imagine ending up in Civil court, even if no criminal charges are filed.
Not at all suggesting one be untruthful with the police, but wouldn't they still have to prove you were intoxicated prior to the shooting? Rather than having been so distraught afterwards, that one needed a few stiff belts to calm down, and was in the process of doing just that when the cops arrived ?
