The offense of driving while intoxicated requires prosecutors prove that a person operated a motor vehicle in a public place while intoxicated. Fort Worth has a number of new activities that occur on bicycles. Fort Worth has installed public bicycles throughout the city. Additionally, there is a new business called the party cycle, where a group of people consume alcohol while peddling a bicycle that another person drives. Lawyers disagree about whether a prosecutor can charge an intoxicated bicyclist with DWI.
The definition of motor vehicle will determine whether a person can get a DWI while riding a bicycle. The Texas Penal Code 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”. This definition is very broad. It encompasses a number of possibilities. For example: can the police arrest an intoxicated person for pushing a wheel barrow down the street?
Other attorneys have a different view. Some attorneys believe the term motor rules out a vehicle powered by humans. The term motor would then be reserved only to self-powered vehicles. It would exempt bicycles and any other vehicles. However, it would still be possible for a prosecutor to charge an intoxicated bicyclist with public intoxication.
The law has not settled this issue. It is important to remember that it is only against the law to operate a vehicle while the person is intoxicated. This would be true even if it is a bicycle. If you have any questions about your situation, call my office at 817-231-0023 to set up your free one hour consultation.
