Do I Have to Be Driving a Car to Get a DWI?

couple driving electric scooters

After a night out, individuals can get creative when finding a way to get home. There are many myths regarding certain vehicles being unable to be charged with a DWI, so our attorneys at Cofer & Connelly, PLLC are here to debunk them.

Included Vehicles for DWI

One of the most common myths about DWIs is that you can only be charged with one when driving a car, bus, or truck. However, that is untrue as individuals can be charged with a DWI when operating various vehicles.

You can be charged with a DWI if you are found intoxicated and driving a motor vehicle, which includes “a device in, or, 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.” This includes:

  • Cars,
  • Busses,
  • Vans,
  • Motorcycles,
  • Commercial trucks,
  • Electric scooters, like Lime or Bird scooters,
  • Electric bikes (must have a motor),
  • Segways, and
  • Mopeds.

A good rule of thumb to follow when drinking is that you can be charged with DWI if you have to drive any type of vehicle with a motor. This does include non-traditional vehicles, such as electric scooters, electric bikes, and segways, which can be important to understand before getting on the road when intoxicated.

Boating While Intoxicated (BWI)

Similar to DWI charges, individuals found intoxicated while driving a boat can be charged with BWI. To be charged with a BWI, operators must either have a BAC of 0.08% or higher or impairment from either drugs or alcohol that limits physical and judgment capabilities.

Individuals can be charged with a BWI on any vessel (or boat) propelled by anything other than the water’s current. This can include kayaks or canoes using oars, motorized boats, paddleboards, sailboats, or other vessels that rely on more than water current. You are safe from a BWI charge if you are in an inner tube or another vessel that solely relies on water current.

We Can Do More

At Cofer & Connelly, PLLC, our criminal defense attorneys can do more. We are well-versed in the Austin court system and understand how to fight for our clients’ legal rights when facing charges. With 96% of our clients’ misdemeanor cases dismissed in 2021, we have a history of being successful.

Were you charged with a DWI? Schedule a consultation with our DWI defense team by calling (512) 991-0576 or filling out our online contact form to learn more about how we can help you fight your charges.

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