Can You Get a DWI on a Bike or Scooter in Texas?

Explore the DWI legal tightrope

In states across the country, including Texas, the modes of transportation are evolving. More and more people are getting around on bikes and scooters. As their popularity grows, questions naturally arise regarding legal responsibilities, especially concerning driving while intoxicated (DWI) laws. Texas is among one of the states with strict laws involving driving while impaired, but that’s mostly understood to mean cars and trucks. Can you get a DWI while riding a bike or scooter in Texas?

DWIs are straightforward for drivers, truckers, and motorcyclists, but it is not as clear-cut when it comes to other two-wheeled vehicles. As an operator of any vehicle, safety on the road is not just a priority, it’s a responsibility. That being said, how does the law see bicycles and scooters, especially when substances that cause impairment are involved?

Understanding Texas DWI laws

Defining and clarifying what driving while intoxicated means in Texas is crucial to protecting your rights a road user. A DWI refers to the reckless or dangerous operation of a motor vehicle by a driver under the influence of drugs or alcohol. In Texas, the legal limit for BAC when driving is 0.08%. This blood alcohol content measures how much alcohol is present in a person’s bloodstream. However, it’s important to note that exceeding the legal BAC limit doesn’t automatically result in an arrest or conviction. This is detailed in Title 10, Section 49 of the Texas penal code. Within this code, there is no explicit mention of scooters or bicycles, only motorized vehicles. So according to this code, what is a motorized vehicle?

Defining “motorized vehicle”

When discussing DWIs, bicycles, and scooters, it’s critical to understand how Texas law defines a “motor vehicle.” This term is broadly 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 it does not plainly say it, based on this definition, a motor vehicle includes not just cars and trucks but also electric scooters, electric bicycles, and other similar devices. Because of this, DWI charges can apply to these alternative modes of transportation, including motorized bicycles and scooters, but not to standard, non-motorized bicycles, and scooters.

Navigating the gray areas: bicycles, scooters, and DWIs

The specifics regarding bicycles and scooters concerning DWI charges are anything but specific. Although operating a standard bicycle or scooter while intoxicated does not typically result in a DWI charge, the situation differs for e-bikes and e-scooters. While these electric vehicles are not specifically mentioned in the law, riders of e-bikes and e-scooters can potentially be arrested and convicted for DWI.

E-bicycles and e-scooters fall within the legal definition of a motor vehicle, making it possible to face DWI charges if operated while intoxicated. These vehicles can reach speeds of up to 30 mph, although the legal limit is capped at 20 mph. This distinction, compared to the standard bicycle or scooter, emphasizes why Texas law treats intoxicated operation of such vehicles so seriously and why riders of such vehicles are not exempt from a DWI.

Due to these gray areas, a DWI defense lawyer who has experience in cases involving e-bikes and e-scooters can provide crucial assistance by challenging the legal classification of these vehicles as motor vehicles, disputing speed limitations that may impact DWI charges, analyzing BAC testing procedures for accuracy, investigating police procedures for any violations or errors, and leveraging expert witnesses to strengthen the defense.

Why do DWI charges apply to electric bikes and scooters?

E-scooters and bikes can be categorized as motor vehicles, but you can face charges or be convicted of a DWI while riding them in Texas because it can endanger the public. Operating a vehicle while intoxicated is a risk to the safety of all road users and pedestrians. By categorizing these vehicles as a “motorized vehicle” under DWI laws, the aim is to prevent unsafe behavior and accidents, injuries, and fatalities caused by impaired driving.

However, this is not the case for every DWI arrest. For clarity and protection of your rights, it’s essential to refer to a DWI defense lawyer that knows the specific statutes and legal interpretations.

Penalties for DWI offenses in Texas

In Texas, these DWI penalties vary based on several factors, including prior offenses, the level of intoxication, and whether any accidents or injuries occurred. Here’s a breakdown of the potential penalties:

First Offense:

Up to a $2,000 fine.
Up to 180 days in jail upon conviction, with three mandatory days.
Loss of driver’s license for up to a year.

Second Offense:

Up to a $4,000 fine.
Imprisonment ranging from one month to a year upon conviction.
Loss of driver’s license for up to two years.

Third Offense DWI:

A fine of $10,000.
Imprisonment for two to 10 years.
Loss of driver’s license for up to two years.

It’s important to note that these penalties don’t include additional state fines that may be assessed upon sentencing. These fines can significantly increase the financial burden on individuals convicted of DWI offenses in Texas.

Apart from fines and jail time, individuals convicted of DWI may also face other consequences such as mandatory attendance in alcohol education programs, community service, installation of an ignition interlock device on their vehicle, and increased insurance premiums. Additionally, a DWI conviction can have long-lasting effects on a person’s reputation, employment opportunities, and personal relationships.

Other consequences beyond DWI charges

While cyclists and scooter riders may evade a DWI charge or conviction, they are not exempt from the law. Individuals operating bicycles or scooters, both standard and electric, while intoxicated can face a range of other consequences and charges:

Public intoxication: Public intoxication refers to being visibly impaired or intoxicated by drugs or alcohol in a public place. In Texas, this is considered a Class C misdemeanor and can result in fines and legal penalties.
Negligence: Negligent or reckless operation of an electric bicycle or scooter, especially when coupled with intoxication, can result in charges of endangerment or recklessness. These charges significantly increase the risk of accidents, injuries, and legal consequences.
Traffic violations: Riders of bicycles or scooters must adhere to traffic laws just like drivers of motor vehicles. Violating these laws can result in citations, fines, or penalties, further compounding the legal repercussions.
No-ride zones: Many cities and communities have designated no-ride zones where electric bicycles or scooters are not permitted. Ignoring these restrictions can lead to fines, penalties, and unsafe situations.

Consult a DWI defense lawyer to protect your rights

If you or someone you know is facing DWI charges in Texas, it’s crucial to seek legal representation and understand your rights. A skilled DWI defense attorney can help navigate the complexities of the legal system and work towards the best possible outcome for your case.

At Botsford & Roark in Austin, we have years of experience in providing effective legal representation for individuals facing DWI charges in Texas. Our firm understands the nuances of DWI laws as they pertain to various modes of transportation, including bicycles and scooters. We are committed to protecting your rights and exploring all available legal options to defend against DWI allegations.

If you or someone you know is facing DWI charges or related legal issues, don’t hesitate to reach out to us. Contact us to schedule a free case evaluation today. Don’t navigate DWI charges alone—let us be your legal advocate and fight for your rights.

Click here to download a printable PDF of this article, "Can You Get a DWI on a Bike or Scooter in Texas?"