Can I Face DWI Charges on My Bicycle in Texas?

 Posted on December 08, 2023 in DUI/DWI

Drinking and driving is a serious offense with severe legal consequences. Most people think of drinking and driving; they think about it in the context of driving a car. However, the laws and regulations can be less clear when it comes to riding a bicycle. In Texas, as in many other states, the question of whether you can face DWI charges while riding a bike depends on various factors. Understanding the relevant laws and their implications is crucial to ensure compliance and avoid potential legal trouble.

If you are ever facing DWI charges, contact a dedicated lawyer to get the help and guidance you need right now.

Defining a Vehicle in Texas

In Texas, the state’s DWI laws apply to people operating a "motor vehicle" while intoxicated. The definition of "motor vehicle" typically includes cars, trucks, motorcycles, and even motorized scooters. However, being human-powered and lacking a motor, bicycles generally do not fall under this definition. As a result, riding a bicycle while under the influence does not always lead to DWI charges.

That being said, the language of the law is ambiguous. As a result, an aggressive prosecutor could try a DWI case involving a bicycle. While a qualified lawyer will likely be able to work with the prosecutor toward pursuing a lesser charge, it could still be a serious headache and legal nightmare even to be charged with DWI in the first place, regardless of whether the vehicle in question was human-powered and motorless.

Alternative Charges

While riding a bicycle under the influence may not always result in a DWI charge, it is important to note that other offenses may still apply. Charges such as public intoxication or disorderly conduct are potential charges that law enforcement may pursue if someone is found impaired riding a bicycle.

Safety Concerns and Liability 

Even if you may not face DWI charges for riding a bicycle under the influence, it is crucial to prioritize safety. Alcohol impairs judgment, coordination, and reaction times, increasing the risk of accidents and injuries. Moreover, if you cause harm to yourself or others while cycling under the influence, you may still be held liable for any damages or injuries resulting from your actions. It is, therefore, always advisable to refrain from riding a bike while intoxicated to ensure your safety and the safety of others.

Contact a Houston, TX DWI Lawyer

If you are facing charges, contact the skilled Texas DWI attorney with Murphy & McKinney Law Firm, P.C.. Call 713-229-8333 for a free consultation today.