Whether you call it a DWI (driving while impaired) or DUI (driving under the influence), the details are largely the same. In Texas, operating a motor vehicle while under the influence of drugs or alcohol is referred to as a DWI—this much is obvious. But it get’s more complicated when you dig deeper into the offense. For example, what does it mean when it says “motor vehicle”? Cars and trucks, for sure, but what about golf carts or smaller motorized vehicles? Read on to discover what classifies as a motor vehicle in regards to DWI offenses and laws in the state of Texas.
According to the Texas Penal Code, a motor vehicle is defined 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.” Due to this broad, wide-sweeping definition, there is not a very clear answer or guide in regards to the question: what classifies as a motor vehicle in Texas DWI proceedings?
If this definition is to be taken literally, this means that you could potentially be stopped or cited for a DWI while riding a horse, skateboarding down the street, or golf carting through your residential neighborhood.
Though the law is not explicit, certain judges or attorneys choose to interpret the text in different ways. For this reason, it is always of the upmost importance to avoid a situation in which drinking and driving could be involved.
Do not take any chances and set up dependable and safe ways home before you even take your first sip of alcohol. Call a cab, text a friend or crash on your friend’s couch—any option is better and safer (not only for you but for everyone around you, too) than getting behind the wheel (or mounting a bike) after you’ve had some alcoholic drinks.
If you need legal assistance it is in your best interest to call the folks here at Batrice Law Firm. Comprised of a team who deals with DWI cases on an extremely regular basis, they are the attorneys you want on your side.