Page 1 of 2 12 Last
  1. #1
    Forum Member
    BigTex44's Avatar
    Join Date
    Mar 2010
    Location
    Somewhere
    Posts
    436

    DWI on a bicycle?

    Can a person be arrested and charged for DWI while riding a bicycle?

  2. #2
    Forum Member

    Join Date
    May 2007
    Location
    Florida
    Posts
    20
    Yes one can be arrested for DUI on a bike. As it reads a bike falls under the definition of a vehicle.

  3. #3
    Forum Member

    Join Date
    Apr 2009
    Location
    Texas
    Posts
    475
    Sec. 541.201 TRC "Bicycle" means a device that a person may ride and that is propelled by human power and has two tandem wheels at least one of which is more than 14 inches in diameter.

    Sec. 49.04 PC (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

  4. #4
    Forum Member

    Join Date
    Nov 2007
    Location
    Central Texas
    Posts
    217
    Quote Originally Posted by Boxer4 View Post
    Sec. 541.201 TRC "Bicycle" means a device that a person may ride and that is propelled by human power and has two tandem wheels at least one of which is more than 14 inches in diameter.

    Sec. 49.04 PC (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
    Sec. 49.01. DEFINITIONS. In this chapter:
    (3) "Motor vehicle" has the meaning assigned by Section 32.34(a).

    Sec. 32.34. FRAUDULENT TRANSFER OF A MOTOR VEHICLE. (a) In this section:
    (2) "Motor vehicle" means 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.

  5. #5
    Forum Member

    Join Date
    Apr 2009
    Location
    Texas
    Posts
    475
    Quote Originally Posted by xcfmx View Post
    Sec. 49.01. DEFINITIONS. In this chapter:
    (3) "Motor vehicle" has the meaning assigned by Section 32.34(a).

    Sec. 32.34. FRAUDULENT TRANSFER OF A MOTOR VEHICLE. (a) In this section:
    (2) "Motor vehicle" means 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.
    Yeah, I left that one out.

  6. #6
    Forum Member

    Join Date
    Apr 2009
    Location
    Texas
    Posts
    475
    Double Post
    Last edited by Boxer4; 05-30-2010 at 04:12 PM.

  7. #7
    Forum Member
    Rush817's Avatar
    Join Date
    Apr 2008
    Location
    US
    Posts
    1,821
    The DA (Tarrant County) says he will take it so I've been looking but no luck yet!
    Strong Body, Sharp Mind And Good Tactics!

  8. #8
    Part-time ninja

    Join Date
    Jun 2008
    Location
    The Lone Star State!!!
    Posts
    1,453
    Y'all seriously have too much time on your hands.

  9. #9
    Forum Member

    Join Date
    Sep 2008
    Location
    South
    Posts
    88
    It doesn't have a 50hp engine. So you don't really get the same bang for the buck and spending your time trying to do it.

  10. #10
    Forum Member

    Join Date
    Apr 2010
    Location
    Texas
    Posts
    11
    would any cop in the history of, well history, write a DWI for a cyclist?

  11. #11
    Forum Member

    Join Date
    Jan 2010
    Location
    Houston Area
    Posts
    163
    There is that video of a cop stopping a guy for riding his lawn mower on the road, why not someone on a bicycle.

    This could have only happen somewhere in the south. I can say that seeing how I am from the south so no one get their feelings hurt please.

    http://www.youtube.com/watch?v=RNPxIibhcKY

  12. #12
    Go on, touch it...
    JSD73's Avatar
    Join Date
    Oct 2006
    Location
    Texas
    Posts
    3,783
    It'd just be PI and it is NOT a motor vehicle as stated above, and a lawn mower is a motor driven conveyance

  13. #13
    Forum Member
    fstein138's Avatar
    Join Date
    Nov 2009
    Location
    Los Angeles County
    Posts
    205
    I've heard of people being arrested for it here in CA.

    Not sure if those cases were ever filed.
    The more you sweat in here, the less you'll bleed on the street. - Plaque at LASD academy

  14. #14
    Forum Member
    Jhelrey's Avatar
    Join Date
    Feb 2007
    Location
    MN
    Posts
    1,121
    I've heard of people getting a DUI on a power wheel.... but anything motorized is fair game.

  15. #15
    I work for peanuts.
    S.O.444's Avatar
    Join Date
    May 2006
    Location
    Texas
    Posts
    989
    Drunk on bicycle = PI and your bike is going to storage at the pd for safekeeping

  16. #16
    Forum Member
    BigTex44's Avatar
    Join Date
    Mar 2010
    Location
    Somewhere
    Posts
    436
    I think you're all wrong lol. The way the law is written, you can arrest someone for DWI on a bicycle. Here is why.......

    Sec. 49.01. DEFINITIONS. In this chapter:
    (3) "Motor vehicle" has the meaning assigned by Section 32.34(a).


    Sec. 32.34. FRAUDULENT TRANSFER OF A MOTOR VEHICLE. (a) In this section:
    (2) "Motor vehicle" means 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.


    Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

    (b) Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

    (c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.



    I believe a bicycle falls under the Ch. 49 Intoxication Offenses because a bicycle falls under the "Motor Vehicle" definition posted above. Now, I understand State Law and Department Policy/DA's will differ from time to time but according to the LAW, I do believe a cyclist can get a DWI. Whaddya think?
    Last edited by BigTex44; 05-31-2010 at 03:02 AM.

  17. #17
    Forum Member

    Join Date
    Jan 2008
    Location
    Texas
    Posts
    909
    Yes, a cyclist can be arrested for DWI. So can someone riding a skateboard, riding a horse, driving a horse drawn carriage, riding or operating anything, as long as it is not used or riding exclusively on rails.

  18. #18
    Forum Member

    Join Date
    Jan 2008
    Location
    Texas
    Posts
    909
    Quote Originally Posted by JSD73 View Post
    It'd just be PI and it is NOT a motor vehicle as stated above, and a lawn mower is a motor driven conveyance
    Under the DWI statute, a bicycle is a motor vehicle.

  19. #19
    Forum Member

    Join Date
    Apr 2008
    Location
    estudios unidos
    Posts
    1,221
    Quote Originally Posted by amvlasic View Post
    would any cop in the history of, well history, write a DWI for a cyclist?
    I've done five or six in the last couple years. Probably saved a couple of lives too. people get crushed fairly so often at o'dark thirty riding their bike home trashed from the bar. Last guy I got was on formal probation for three car DUI's... so he's looking at a violation for my bike deuce.

  20. #20
    Centex via SoCal
    El_Federal's Avatar
    Join Date
    Jun 2008
    Location
    Texas
    Posts
    316
    Translation deuce = California vehicle (traffic) code 23152 has to do with DWI laws. For those who were scratching yer heads

  21. #21
    Go on, touch it...
    JSD73's Avatar
    Join Date
    Oct 2006
    Location
    Texas
    Posts
    3,783
    Quote Originally Posted by usmcrob View Post
    Under the DWI statute, a bicycle is a motor vehicle.

    I sit corrected ........ I still won't bother arresting someone for DWI when I can PI them on a bicycle or a host of other offenses that I can get them on while ridin' in the hood. Consider it a time management issue

  22. #22
    Forum Member
    BigTex44's Avatar
    Join Date
    Mar 2010
    Location
    Somewhere
    Posts
    436
    There isn't really much more to a DWI than a "regular" arrest. A few more papers which the Intoxilyzer fills out and a bit longer report and your good to go.

  23. #23
    God Bless Texas
    TexasAggieOfc's Avatar
    Join Date
    May 2007
    Location
    Republic of Texas
    Posts
    1,643
    Yeah, you could try it but a lot of places won't take it. Last drunk I had on a bike got hooked up for PI, No Headlamps, and No Taillamps
    Let your watchword be duty, and know no other talisman of success than labor. Let honor be your guiding star in your dealing with your superiors, with your fellows, with all. Be as true to a trust reposed as the needle to the pole. Stand by the right even to the sacrifice of life itself, and learn that death is preferable to dishonor. ~ Gov. Richard Coke, October 4, 1876

  24. #24
    Go on, touch it...
    JSD73's Avatar
    Join Date
    Oct 2006
    Location
    Texas
    Posts
    3,783
    Quote Originally Posted by BigTex44 View Post
    There isn't really much more to a DWI than a "regular" arrest. A few more papers which the Intoxilyzer fills out and a bit longer report and your good to go.
    Noooo no no no, two pieces of paper for a Class C no report.... not even close for the DWI report and paperwork.....Class C for me thank you ...on this particular deal.

  25. #25
    Forum Member

    Join Date
    Aug 2009
    Location
    Texas
    Posts
    94
    Quote Originally Posted by S.O.444 View Post
    Drunk on bicycle = PI and your bike is going to storage at the pd for safekeeping
    +1

    Problem solved. I don't believe he would be convicted of DWI. I just went to ARL last week where the driver was passed out in his vehicle with the engine running. The ARL attorney attempted to make the argument that he was not "operating" the vehicle, therefore he was not DWI.

Page 1 of 2 12 Last

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Log in

Click here to log in or register