Texas laws on motorized bicycle

George Tucker

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Mar 7, 2020
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I'm interested in the laws in Texas for motorized bicycles. I'm receiving a DWI on my bike in Austin TX have done time in jail and need to find out information about this as most times it is a public intoxication charge. Thanks this is the only place I've been able to find for help. Need a law
 

bonefish

Member
May 7, 2018
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Can you get a DUI on a bicyle in Texas? The answer is: Technically yes; however, charges are rarely pursued.
 

George Tucker

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Mar 7, 2020
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Hello bonefish. Apparently the and is pursuing this is there any way to have it dismissed or minimize? Thank you for your response.
 

wheelbender6

Well-Known Member
Sep 4, 2008
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Even if you do not have a license now, I think you will be OK if you carry some photo ID. Just keep your speed close to 20mph and I think law men will leave you alone.
 

biknut

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Sep 28, 2010
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Since you got a DWI your best bet will be trying to prove you were on a bicycle at the time, and not driving a motor vehicle.

In Texas gas powered motor bicycles are basically illegal, but there's a loophole. In Texas all motor vehicles are considered self propelled. The police have to prove your motor bicycle is in fact self propelled. As long as you pedal away from every stop you can claim since you have to pedal to get going it's not self propelled, therefore it's a bicycle, not a motor vehicle. If you rode away from your last stop like a motorcycle without pedaling, and the police saw you do it, you're screwed. If they didn't see you, you have a chance.

I don't think you can get a DWI when on foot, or riding a bicycle, but they can give you a DUI.
 

George Tucker

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Mar 7, 2020
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Thank you for your comments. To detail it out a little. I had already stopped and was off my bike. Taken gloves off turned off lights and was having a drink when bicycle cops rode up and ask me why I ran the stop light so there's that.
 

biknut

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Sep 28, 2010
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I was told a few years ago by the TDPS motorcycle safety division that in Texas motor bicycles are in a gray area of the law. The reason being because of the question I outlined above about being self propelled. If the police didn't see you riding away from a stop without pedaling there's a good chance the charges will be dropped if you decide to mount a court challenge. You need to claim you can't ride away from a stop without pedaling to get going. Before taking this route, I would first find out if you can be cited for DWI if you weren't operating a motor vehicle. I thought the charge on a bicycle should have been DUI, or drunk in public. If they won't dismiss the charges outright, maybe you can get them to change them to a lesser charge. I'm not a lawyer, but I did sleep at a Holiday Inn Express last night.
 
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dogcatcher

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Nov 11, 2016
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The bicycle has a motor on it, said motor is connected by chain to power the bicycle. The cop saw you riding it, the issue of peddling to get started was a prior issue, at the time of the infraction, you were riding a motor vehicle.

I would say you need a lawyer, not some Internet forum, but actually you should plead guilty, you know the routine. Stop wasting the taxpayers money with your blatant disregard for public safety
 

George Tucker

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Mar 7, 2020
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The bicycle has a motor on it, said motor is connected by chain to power the bicycle. The cop saw you riding it, the issue of peddling to get started was a prior issue, at the time of the infraction, you were riding a motor vehicle.

I would say you need a lawyer, not some Internet forum, but actually you should plead guilty, you know the routine. Stop wasting the taxpayers money with your blatant disregard for public safety
Yo it's my second felony and I wasn't drunk while I was driving it. And I ride a motorcycle bicycle so I won't get a DWI. Do you want to spend 10years in prison for doing something you thought was right? I'm thinking the whole thing weighs about 23 lbs so not going to hurt anything or anyone. Need numbers for laws and names and dates for president's not ridicule. Thanks
 

curtisfox

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Dec 29, 2008
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You weren’t drunk while driving, was that your opinion or there’s? You drink and drive you gett nailed if the blood level alcohol is up, I think the best would submit to a treatment program through the courts, for a lesser charge. Your drinking habit is not going to get better, in fact it will just get worse if you don’t take care of it. ..........Curt
 
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MotoMagz

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Aug 2, 2010
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You weren’t drunk while driving, was that your opinion or there’s? You drink and drive you gett nailed if the blood level alcohol is up, I think the best would submit to a treatment program through the courts, for a lesser charge. Your drinking habit is not going to get better, in fact it will just get worse if you don’t take care of it. ..........Curt
Yeppers better get some help... If your 23lb bike hits a kid it’s going to mess them up.Lawyer and laws aren’t going to help much. It’s easy for them to hit you with charges cuz your a repeat customer. After 2 strikes your pretty much screwed..Only thing will help you and your case is treatment:cool: