Is it Possible to get a DWI on a Bike in Texas?
In Texas, DWI or DUI is defined as operating a motor vehicle in public while under the influence of an intoxicating substance. Although many people associate DWI with operating a vehicle while under the influence of alcohol, the law encompasses any intoxicating substance and applies to all types of motor vehicles.
Intoxication can result from alcohol or drug use, exceeding the legal blood alcohol limit, or a combination of both. The law is intentionally broad, even covering self-powered vehicles like bicycles, allowing someone to be charged with DWI while operating them. Although it’s unlikely to be convicted of DWI on a bike, it remains a possibility under Texas law.
Regardless of the type of vehicle you are using, a DWI conviction can lead to severe consequences, including fines, jail time, and driver’s license suspensions. Therefore, it is crucial to be mindful of your level of intoxication and ensure you can travel home safely and within the confines of the law, whether you are driving or cycling.
Are all Bicycles Equal
While the distinction between a traditional bike, which relies solely on rider power and is not considered a motor vehicle, and an electric bike can be apparent, e-bikes introduce complexity to the situation. Electric bikes closely resemble regular bikes in appearance, but they are equipped with a motor and a battery.
The motor activates when the rider pedals, reducing the effort required from the rider. Typically, e-bike motors are not designed to exceed the speeds achievable by a regular cyclist, resulting in both e-bike and traditional bike riders traveling at similar speeds.
An electric bicycle in Texas is a bike with pedals and a motor. It must have a power rating below 750 watts and a top speed of 28 mph or less. The law categorizes electric bicycles into three groups. These groups are based on the speed of the motor and whether the rider needs to pedal to move the bike.
DWI or DUI While Riding a Bike
While the Texas Transportation Code offers a more specific definition, DWI laws in Texas take a broader approach when defining a motor vehicle. According to DWI law, a motor vehicle encompasses any device capable of transporting a person on a highway. This definition includes regular bikes and e-bikes, so riding a bike while drunk can lead to a DWI charge. The law doesn’t set rules for how bikes move, so self-powered bikes are considered motor vehicles.
The likelihood of facing a DWI charge while riding a bicycle is higher when you are on the road alongside cars, as the law explicitly pertains to transportation on highways. However, if you are riding on a designated bike path within a park or other non-highway areas, the chances of being treated as a motor vehicle and charged with driving while impaired are diminished.
Even if you manage to avoid a DWI charge, you may still face charges of public intoxication. In Texas, public intoxication can be levied against individuals who appear in public while intoxicated to the extent that they pose a danger to themselves or others. If you ride your bike dangerously because of alcohol or drugs, you may be charged with public intoxication instead of DWI.
Penalties
In the event of an arrest and subsequent decision by a prosecutor to charge you with DWI, you will face the same penalties as if you were caught driving drunk in a car with your blood alcohol concentration (bac) being .08 or higher. The penalties for DWI in Texas start with a minimum three-day jail sentence and escalate significantly with multiple convictions.
First offense:
- Fines up to $2,000
- Imprisonment ranging from three days to 180 days
- License suspension for up to one year
Second offense:
- A fine of up to $4,000
- Jail time from one month to one year
- Driver’s license suspension for up to two years
Third offense:
- A fine of up to $10,000
- Imprisonment ranging from two to ten years
- Driver’s license suspension for up to two years
Additionally, Texas may impose a state fine as part of your DWI sentence, which can amount to several thousand dollars.
Moreover, Texas imposes additional DWI penalties on drivers who have underage passengers in their vehicles. This also applies to cyclists with children in baby seats or trailers when riding a bike.
While public intoxication is a less severe charge, it still constitutes a Class C misdemeanor, carrying a fine of up to $500. Similar to DWI, penalties for public intoxication can become more severe if you are charged with the same offense again.
Arrested? Don’t Plea, Call Me!
If you are facing DWI charges, it is highly recommended that you seek the assistance of an experienced criminal defense lawyer. A hired criminal defense lawyer can provide you with essential legal advice, guidance, and representation throughout the legal process.
As an experienced criminal defense attorney we can review the facts of your criminal case, investigate the charges against you. And develop a strong legal defense strategy tailored to your specific situation. As well as negotiate with the prosecution on your behalf and advocate for your rights and interests in court.
In addition, having a DUI charge we can provide you with information about the potential indecent exposure consequences of a conviction. Including the possibility of jail time, fines, and other penalties. And work to minimize the impact of the charges on your life and future.
Overall, the criminal law justice system can be complex and scary. Having an experienced criminal defense lawyer can significantly improve the outcome of your case. Your lawyer can help you comprehend the legal process, outline your choices, and provide advice and support. They can also help you review any gathered evidence against you, prepare witness statements, and investigate any mitigating circumstances.