Can You Get A DUI On A Bike
DUI Riding A Bike
Riding your bicycle while drunk in Texas will not get you arrested for a DWI. Despite this, there are aggressive prosecutors that may prosecute you for crimes such as public intoxication or disorderly conduct. An experienced DWI lawyer can help you if you have been arrested for a crime related to riding a bicycle while drunk.
What DUI Laws Say In Texas
You can be arrested for a DUI if you are found driving a motor vehicle, aircraft, an amusement ride, a watercraft or other motor vehicle with a blood alcohol content of 0.08 or higher. This law does not apply directly to riding bicycles but you still need to be cautious before getting on a bicycle while drunk or under the influence. You can still be found guilty of public intoxication which is defined as committing an act that could endanger others.
Most of the time prosecutors do not have a strong case when prosecuting a person with public intoxication. But since the prosecutor does not have to prove that you were going to cause harm by riding while drunk, you can easily get convicted for public intoxication. You are more likely to get convicted if you caused a wreck or harmed someone while drunkenly pedaling. The prosecutor only has to show that you were potentially going to cause harm to yourself or others. You also need to be cautious because drunk bicyclists are more likely to get injured.
Meaning Of Intoxicated And Motor Vehicle
According to the Texas Penal Code, you are intoxicated if:
- Your normal physical and mental faculties are impaired because of your use of a controlled substance, a drug, alcohol or a combination of two or more of those substances
- Your blood alcohol concentration is 0.08
A motor vehicle is “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.” There is an exception for trains but the language is ambiguous for bicycles. It also shows that you don’t have to be using a motorized vehicle to be charged with a DUI, which explains why people can be arrested for DUI for using a non-motorized boat while intoxicated.
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Differences Between DUI And DWI
DUI means driving under the influence while DWI is driving while intoxicated in full. In Texas, both abbreviations are often used interchangeably but they have slight differences. You can be charged with a DWI if you are found to be operating a vehicle in a public place while intoxicated if you are 21 years of age or older. People who are under 21 years of age and are arrested in a similar situation can be charged with a DUI. But remember in Texas, people under the age of 21 can be charged with a DUI if they are found with any amount of alcohol in their system. A person under the age of 21 can also be charged with a DWI if they have a blood alcohol concentration of 0.08 or greater, or if the person is driving while under the influence of drugs.