Most of the stories you will read about DWIs in Texas involve drivers of cars. Often you will see in the news a story about a famous person, how much their blood alcohol content was, and whether they posted bond for the charge of DWI. DWI involving motorcycles are less common in the news, but they do happen, as well.
There is not a separate law for motorcycle DWIs in Texas, and they are generally treated the same as other DWIs. The reason there are fewer motorcycle DWIs in Texas is because there are far fewer motorcycle drivers on the roads versus car drivers. It may also relate to the relative safety a person feels behind a wheel of a car as compared to the more involved activity of managing a motorcycle.
Definition of DWI in Texas
Under Texas law, the crime of DWI is defined as operating a motor vehicle in a public place while intoxicated. This definition can be found in the Texas Penal Code, Section 49.01. That same section defines terms such as intoxication, which can either mean to have a blood alcohol content above .08, or to not have the normal use of mental and physical faculties because of the influence of alcohol.
The term of motor vehicle is pretty self explanatory, and includes motorbikes. The idea is to prevent people from being on the roads while under the influence of alcohol. In Texas it is even a bigger problem because of the endless number of roads, high population, and other factors.
Other Types of DWI
DWI laws do only apply to cars and motorcycles. They go far beyond, in fact. The Texas Penal Code specifically makes it illegal to operate the following under the influence of alcohol:
- Motor vehicles;
- Amusement rides;
- Mobile Amusement ride; and,
Basically the rule is that if it can be operated in a public sphere, than it is illegal to do so while under the influence of alcohol.
Beyond the types of vehicles it is illegal to drive drunk in, there are yet different types of DWI. For example, if you are in the vehicle with a child passenger, that is an increased penalty. If someone is seriously hurt or killed because of an accident that happened while you were driving drunk, that can become a serious felony.
Knowing How to Defend DWI in Texas
Each different type of DWI requires a specific kind of defense. There are general rules and rights that need to be defended, but you need to understand what specific charges you are facing and what you need to do to win your case. Only the right legal team can provide you with defense you need.
Whether you are facing a regular car DWI, motorcycle DWI, or other situation, you need the right legal team behind you. At The Wilder DWI Defense Firm our team of DWI defenders will help you understand what your options are and what needs to be done to defend your DWI. If you are facing DWI charges, contact us today.
(image courtesy of Igor Ovsyannikov)