Office Location
608 West 12th Street, Suite B Austin, TX 78701
legalassistant@wm-attorneys.com
512-369-3737
get direction 
If you are wondering, ‘Can You Get a DWI on a Bicycle in Texas?, the short answer is no, as Texas law does not allow for a DWI (Driving While Intoxicated) charge against someone riding a bicycle. Since DWIs apply only to motor vehicles, cyclists aren’t subject to the same charges. Nevertheless, that doesn’t mean you’re completely off the hook. Intoxicated cyclists can still face legal consequences, such as public intoxication, depending on the situation.
If you’ve been stopped while biking under the influence in Austin, understanding the intricacies of Texas law is crucial. An experienced Austin DWI lawyer at the Law Office of David D. White, PLLC: Austin Criminal Lawyer, we’re here to help you navigate the complexities of alcohol-related charges and ensure your rights are fully protected, whether you’re driving a vehicle or riding a bike.
Table of Contents
A DWI applies when a person operates a motor vehicle while intoxicated, meaning with a blood alcohol concentration (BAC) of 0.08% or higher. According to Texas Penal Code § 49.04, the term “motor vehicle” refers to public transportation devices, typically cars, trucks, or motorcycles. A bicycle, however, does not fall under this category. Therefore, you cannot get a DWI for riding a bike because it’s not classified as a motor vehicle.
Still, that doesn’t mean intoxicated cyclists are off the hook. Texas law enforcement can issue citations for other offenses, such as public intoxication, if they believe your behavior poses a risk to your safety or that of others on the road. According to the Texas Guide to Safe Bicycling, cyclists must still obey all transit laws, including those related to alcohol consumption.
If you’re biking while intoxicated in Austin, you may not face a DWI charge, but you can still be stopped by law enforcement. Officers can charge you with public intoxication; this can occur in any public space, including roads and sidewalks, where most cycling takes place. Also, they may stop you if they observe erratic biking, weaving through traffic, or endangering pedestrians.
Once stopped, officers might administer field sobriety tests or assess your level of impairment. If you’re found intoxicated, you could face arrest for public intoxication, which carries its own penalties, including fines or even jail time in some instances. An experienced Austin Criminal Defense Lawyer can provide the guidance you need to protect your rights and minimize the impact of these charges.
While you won’t be charged with a DWI for cycling under the influence, public intoxication is still a serious offense. The penalties for this charge in Texas can include fines, mandatory community service, or, in rare cases, jail time. A first-time public intoxication offense typically results in a fine of up to $500. Also, repeat offenders can face stiffer penalties. Additionally, depending on the circumstances of the case, a judge may require community service or enrollment in alcohol education programs. Although it is less common, in some cases, it can lead to having to serve time, particularly if aggravating factors like previous convictions or posing significant danger to others exist.
In addition to these legal penalties, this charge can appear on your criminal record, which may impact future employment opportunities.
The key difference between cycling under the influence and a traditional DWI in Texas is that you cannot be charged with a DUI on a bicycle. A DWI applies exclusively to motor vehicles, which includes cars, motorcycles, and other motorized devices. On the other hand, a bicycle, as defined in Texas Transportation Code § 551.001, is classified as a “non-motorized vehicle.”
Because of this distinction, the consequences of biking while intoxicated are generally less severe than a DWI. While a motor vehicle DWI can lead to license suspension, hefty fines, and potential jail time, the penalties for cycling while intoxicated typically result in public intoxication charges, which carry lighter outcomes.
Since a DWI charge can’t be applied to a bicycle, it will not affect your driving record. A public intoxication charge, however, is still a criminal offense, though it won’t lead to the suspension of your driver’s license or be reported to the Texas Department of Motor Vehicles.
That said, having this criminal charge in your history can still have long-term consequences. If you face repeated offenses, the penalties can become more harsh and might impact your standing in other areas of life, including employment or professional licenses. Speaking with an experienced attorney is crucial if you’re concerned about the potential effect on your record.
“When you hire me, you get me. Not my admin, not my associates. I’ll meet, talk, text, and work with you directly to get you the best possible outcome in your case.”
David D. White
Austin Criminal Defense Lawyer
If you’ve been stopped for cycling while under the influence, you may still encounter legal repercussions, but you’re not alone. Contact An experienced Austin DWI lawyer at the Law Office of David D. White, PLLC: Austin Criminal Lawyer for expert guidance. We specialize in DUI and public intoxication cases and offer a free consultation to help you understand your legal options and develop a strong defense. Call us today at 512-369-3737 to schedule a free consultation.
Fill out the form below or call us at 512-369-3737. You will receive an answer within 24 hours
request free consultation
Call Us: 512-369-3737
Client Reviews
I called David last August after my daughter got a minor in possession while away in college. My wife & I were terrified that this mistake might cost our daughter dearly. Luckily for us, we found David to take care of this for us. He walked us through the process during the initial free consultation. Several months later the case was dismissed and ultimately expunged. We cannot thank David enough for all his help in protecting our daughters future!
View More Reviews on Google Maps and Yelp
The founder of the Law Office of David D. White, PLLC: Austin Criminal Lawyer, has been defending the rights of criminal defendants in Austin, Texas since 2008. We are a client-centered law firm where we fight to preserve the presumption of innocence on behalf of our clients in every criminal case we take. We believe that everyone is entitled to a fair trial and we strive to provide our clients with the best possible defense to ensure that this is true.
States set their criminal laws, using specific terminology that might vary widely from state to state. For example, some states refer to drunk driving as DUI, while others call this offense DWI. Texas has laws reg...
Facing a charge for underage DWI (Driving While Intoxicated), called a DUI in Texas, can have severe consequences for young drivers. This article will discuss the law regarding DUI charges to help you or your fami...
Drunk driving is a serious crime in the Lone Star State. The terms DUI and DWI are often used interchangeably in many states, but there is a distinct difference between the two in Texas. Understanding these differ...
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney, David D. White who has more than 20 years of legal experience as an Austin Criminal Defense Lawyer.
608 West 12th Street, Suite B Austin, TX 78701
legalassistant@wm-attorneys.com 512-369-3737
get direction