Rather than risk getting arrested for drunk driving, many people believe riding a bicycle is a viable option. But is it still possible?
According to Texas law, a person commits DWI if he/she is operating a motor vehicle while impaired. Although you may think a motor vehicle only refers to cars, trucks, or motorcycles, the definition is quite vague.
In Texas, a motor vehicle is defined 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.”
Even though a bicycle is not powered by a motor, it can technically be transported on a road to move someone. While the only exception to this rule is clearly to train, the statute does not specifically address bicycles. Because of this broad definition of the statute, Texas prosecutors may attempt to charge you with a DWI if you have been caught intoxicated while riding your bike.
Even if you avoid a DWI, you may still face other criminal charges. For example, you could be charged with public intoxication if you were in a public place while impaired to the point where you are a danger to yourself or another person. Public intoxication in Texas is a misdemeanor offense.
Whether you are arrested for a DWI or public intoxication, you must act fast to protect your rights and freedom. One of the most important steps to take is to hire an experienced criminal defense attorney to help you obtain the most favorable outcome.
If you have been charged with a DWI in Austin or Dallas, contact Hamilton Grant PC today at (214) 225-7117 to discuss your case. Get a legal team with more than 25 years of trial-tested experience on your side!