Can You Get a DWI on a Bicycle in Texas?

When you think of a DWI (Driving While Intoxicated) charge, you probably picture someone getting pulled over in a car or truck after having too much to drink. But what if you’re riding a bicycle?

This is a question many people in Texas have, and the answer isn’t as simple as you might think. Unlike some states that explicitly address cycling under the influence, Texas law leaves room for interpretation.

So, can you get a DWI on a bicycle in Texas? The short answer is no, but that doesn’t mean you won’t face legal trouble. Let’s break it down.

Definition of a DWI in Texas

In Texas, DWI laws fall under Texas Penal Code § 49.04, which states that a person is guilty of DWI if they:

• Operate a motor vehicle
• In a public place
• While intoxicated

The key term here is “motor vehicle.” If you’re riding a bicycle, you might think you’re safe from DWI charges, but the law doesn’t clearly define whether a bicycle qualifies as a motor vehicle.

Does a Bicycle Count as a Motor Vehicle in Texas?

Texas law defines a motor vehicle as:

“A device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks.”
— Texas Penal Code § 32.34(a)

A bicycle, being human-powered and lacking an engine, does not meet the state’s legal definition of a motor vehicle. This means you cannot be charged with a DWI while riding a regular bicycle.

However, there are exceptions to this, especially when it comes to electric bicycles (e-bikes) or motorized scooters.

Can You Get a DWI on an E-Bike or Motorized Bicycle?

Unlike traditional bicycles, electric bicycles (e-bikes) and motorized bicycles are equipped with a motor. Texas law recognizes three classes of e-bikes:

• Class 1: Pedal-assist only, with a max speed of 20 mph.
• Class 2: Throttle-powered with a max speed of 20 mph.
• Class 3: Pedal-assist only, with a max speed of 28 mph.

Under Texas Transportation Code § 541.201, a motor vehicle includes any device that is self-propelled. Because Class 2 and Class 3 e-bikes have motors, some courts and prosecutors could argue they qualify as motor vehicles for DWI purposes.

So while you cannot get a DWI on a regular bicycle in Texas, you could face a DWI charge on an electric bicycle, especially if it has a powerful motor.

Legal Consequences of Cycling While Intoxicated

Even if Texas does not charge bicyclists with DWI, that doesn’t mean you won’t face legal trouble. There are other charges that could apply if you’re caught cycling while intoxicated.

1. Public Intoxication

Texas Penal Code § 49.02 defines public intoxication as:

“A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.”

Since roads, sidewalks, and bike paths are all considered public places, riding a bike drunk could lead to a public intoxication charge.

• Class C misdemeanor
• Fine of up to $500
• No jail time (but you could be detained for your own safety)

2. Disorderly Conduct

If an intoxicated cyclist is causing a scene, acting aggressively, or endangering others, they could be charged with disorderly conduct, which can carry higher fines or potential jail time.

3. Civil Liability

If you cause an accident while cycling under the influence, you could be held civilly liable for any injuries or property damage.

• A person injured due to your negligence can file a personal injury lawsuit against you.
• If you hit another cyclist, a pedestrian, or a parked car, you may be required to pay damages.

How Texas Compares to Other States?

Texas is not one of the states that explicitly criminalizes cycling under the influence (CUI). However, other states do:

• California: CUI laws apply to bicycles, with a fine of up to $250 but no jail time.
• Florida: Treats bicycles like vehicles, so cyclists can get a DUI.
• Colorado: Prohibits biking while intoxicated, but with less severe penalties than a standard DUI.

While Texas does not charge DWI for regular bicycles, it’s important to note that riding drunk still carries risks—both legally and for your safety.

Arrested? Don’t Plea, Call Me!

While Texas law does not specifically classify bicycles as motor vehicles for DWI purposes, that doesn’t mean riding under the influence is without consequences. Charges like public intoxication, disorderly conduct, or even civil liability can still create serious legal issues that can impact your record, finances, and future.

At Texas Criminal Defense Group, we specialize in DWI defense and related intoxication charges, ensuring that every client receives strong, experienced legal representation. Our DWI attorneys know the Texas legal system inside and out and will fight to protect your rights.