Can a drunken Texan get a D.U.I. on a bicycle?

Question

Or do they just get a drunk in public?

Answer 1

D.U.I. is driving(operating a motor vehicle) under the influence. Riding a bike is not driving under that definition. He could be charged with public intox though.

Answer 2

No, a bicycle is not classified as a motor vehicle under the Texas code. The same traffic laws apply in regards to their operation on a public roadway, but not as apply to their classification. The charge would be public intoxication, if the operator acted in a manner that was unsafe enough to represent a hazard to others, and possibly reckless endangerment, but that's a stretch. I would think that a drunk bicyclist would have more to worry about than a PI ticket, like say, a close encounter with a Kenworth. At that point it would be a moot issue.

Answer 3

technically it is a violation, but if you look on the ticket it probably says that it is a ticket for a motorized vehicle somewhere at the top or in the fine print, which invalidates it. many times cops don't even carry the right paperwork they would need to violate someone on a horse or a bike. just a little glitch in the red tape net that you can sometimes take advantage of. if the cop really wants to get the offender then they will issue a public intoxication violation.

Answer 4

In the state of Florida if you are riding a bike drunk you can be arrested for DUI..Im not sure how other states work but Im positive you can be arrested for DUI in Florida. Public intoxication or Disorderly intoxication is hard to prove because someone must be affected by the subjects actions(i.e. disorderly would cause the public to stop their day to day actions and look at the person) and public intoxication, you would have to prove that he subject was under the influence..Not by road sides but it's harder to prove

Answer 5

In Texas you must be operating a motor vehicle....key word is
"Motor"....this includes those little scooters the old folks drive too..


You can arrest the person for "Public Intoxication" ONLY and I stress only---if the person is a danger to himself or others.
(see your case law) because it is NOT against the law to be drunk in public.


49.02. PUBLIC INTOXICATION.

(a) A person commits an offense if the person appears in a public place while[0] intoxicated[0] to the degree that the person may endanger the person or another.

(too many police officers do not interpret that law correctly, I had an instructor who specialized in case law stress that fact)

Answer 6

Depends on the municipality / county / state.

In some, bicycling under the influence will only get you charged with Public Intoxication.
In some, bicycling under the influence will get you charged with Bicycling Under the Influence.
And in some, you will get charged with Driving Under the Influence.

Answer 7

Don't know about Texas - but in Florida they can - which is asinine - because the MOTOR vehicle license specifically stares MOTOR vehicle. They even gave someone here a DUI while the drunk was on a horse. How stupid is that?

Answer 8

public intox. P.I. charges are brought against anyone that is above the legal limit, who is NOT operating a motor vehicle. If the individual is under the legal drinking age, there will be a separate charge or ticket for that.

Answer 9

They would just get a drunk in public because it is not a motorized
vehicle.

Answer 10

I don't know the answer to this......but I do know of someone in Ohio that received one while on a riding lawn mower hehehe.

Was he not riding his bike in public?? The second part of your question confuses me, maybe I need some more coffee.