Posted: 9/25/2013 9:47:38 AM EDT
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No not me purely hypothetical.
I am pretty sure some folks have been convicted of DWI while driving golf cart, lawn mower, tractor, ATV, etc. http://www.freerepublic.com/focus/news/2173406/posts Assuming this is correct, upon conviction of DWI, are they prohibited from driving a golf cart, lawn mower, tractor, ATV, etc? Or does the conviction only affect DL and on road motor vehicles? |
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I could be wrong but:
You must be licensed to operate a motor vehicle on a public road. DWI conviction = no license No license = prohibited from operating a motor vehicle on public roadways. An ATV, golf cart, etc = motor vehicle when on a public roadway <-- maybe? A license is not required to operate a motor vehicle on private property. That's as far as the code goes, as far as I know. In short - tag for someone who has studied TX Code more than I. |
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I could be wrong but: You must be licensed to operate a motor vehicle on a public road. DWI conviction = no license No license = prohibited from operating a motor vehicle on public roadways. An ATV, golf cart, etc = motor vehicle when on a public roadway <-- maybe? A license is not required to operate a motor vehicle on private property. That's as far as the code goes, as far as I know. In short - tag for someone who has studied TX Code more than I. I don't believe most ATVs, golf carts, etc are legal to operate on public roads, so could someone get two charges on one action? Operating illegal vehicle illegally? (Serious question) What about the Amish guys that get a BWI (Buggying While Intoxicated)? Do you need a Driver License in Amish communities (or anywhere) to drive a buggy on a public roadway? (Another serious question) |
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The DWI statute uses a different definition of "motor vehicle" than that of the statute that requires you to have a license.
In regards to DWI: PC49.04 DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. PC49.01(3) "Motor vehicle" has the meaning assigned by Section 32.34(a) PC32.34(a)(2) "Motor vehicle" means 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. In regards to needing a license: TRC521.021 LICENSE REQUIRED. A person, other than a person expressly exempted under this chapter, may not operate a motor vehicle on a highway in this state unless the person holds a driver's license issued under this chapter. TRC541.201(11) "Motor vehicle" means a self-propelled vehicle or a vehicle that is propelled by electric power from overhead trolley wires. The term does not include an electric bicycle or an electric personal assistive mobility device, as defined by Section 551.201. Quoted:
I don't believe most ATVs, golf carts, etc are legal to operate on public roads, so could someone get two charges on one action? Operating illegal vehicle illegally? (Serious question) What about the Amish guys that get a BWI (Buggying While Intoxicated)? Do you need a Driver License in Amish communities (or anywhere) to drive a buggy on a public roadway? (Another serious question) You could catch two charges if whatever you were operating was not legal to be on the road. That sort of thing isn't common practice around here though. I'd analogize it to being caught with a bong+weed and being charged with possession of marijuana as well as possession of drug paraphernalia. I don't know the ins and outs of operating inside Amish communities, but operating a buggy in a public place intoxicated would be DWI. There were a couple drunks that rode their horses down to 6th street in Austin a couple years ago. Charged with DWI. |
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Quoted: You can get a DWI for riding a horse or a bicycle too. Not true. A horse is not a motor vehicle. :34.34(A) be damnned in my opinion. A horse is not a 'device " And a bicycle would also not apply with the only stretch I Could see is if there was a 55cc engine on it. Even then, NO. P.I. In my opinion. Both of these would be simple public intoxication, provided they are ocurring in a public place. You can not be charged with DWI on private property where a substantial group of the public does not have access. Such as a paid parking lot used for storage of vehicles. A parking lot off Main st, yes. It's a public place, and does not need to be a " highway " for a DWI. |
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Not true. A horse is not a motor vehicle.And a bicycle would also not apply with the only stretch I Could see is if there was a 55cc engine on it. Even then, NO. P.I. In my opinion. Both of these would be simple public intoxication, provided they are ocurring in a public place. You can not be charged with DWI on private property where a substantial group of the public does not have access. Such as a paid parking lot used for storage of vehicles. A parking lot off Main st, yes. It's a public place, and does not need to be a " highway " for a DWI. Quoted:
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You can get a DWI for riding a horse or a bicycle too. Not true. A horse is not a motor vehicle.And a bicycle would also not apply with the only stretch I Could see is if there was a 55cc engine on it. Even then, NO. P.I. In my opinion. Both of these would be simple public intoxication, provided they are ocurring in a public place. You can not be charged with DWI on private property where a substantial group of the public does not have access. Such as a paid parking lot used for storage of vehicles. A parking lot off Main st, yes. It's a public place, and does not need to be a " highway " for a DWI. might not want to take your own advise there bud http://www.kvue.com/news/Two-men-riding-horse-mule-arrested-for-DWI-113324824.html |
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Quoted: might not want to take your own advise there bud http://www.kvue.com/news/Two-men-riding-horse-mule-arrested-for-DWI-113324824.html Quoted: Quoted: Quoted: You can get a DWI for riding a horse or a bicycle too. Not true. A horse is not a motor vehicle.And a bicycle would also not apply with the only stretch I Could see is if there was a 55cc engine on it. Even then, NO. P.I. In my opinion. Both of these would be simple public intoxication, provided they are ocurring in a public place. You can not be charged with DWI on private property where a substantial group of the public does not have access. Such as a paid parking lot used for storage of vehicles. A parking lot off Main st, yes. It's a public place, and does not need to be a " highway " for a DWI. might not want to take your own advise there bud http://www.kvue.com/news/Two-men-riding-horse-mule-arrested-for-DWI-113324824.html Did the case go forward? A horse is not a device. |
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http://www.statesman.com/news/news/local/vodka-and-cranberry-on-a-mule-shows-just-how-much-/nRWhd/ "The law doesn't support DWI on an animal," said County Attorney David Escamilla, explaining why the charge didn't hold up. "It has to be a motor vehicle or device. And our research shows a mule is not a motorized vehicle. To be absolutely sure, I watched a few episodes of ‘The Lone Ranger,' and not once did I hear the masked man refer to Silver as a device." ETA: bud |
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http://www.statesman.com/news/news/local/vodka-and-cranberry-on-a-mule-shows-just-how-much-/nRWhd/ "The law doesn't support DWI on an animal," said County Attorney David Escamilla, explaining why the charge didn't hold up. "It has to be a motor vehicle or device. And our research shows a mule is not a motorized vehicle. To be absolutely sure, I watched a few episodes of ‘The Lone Ranger,' and not once did I hear the masked man refer to Silver as a device." ETA: bud Good point...I had never followed up on that case. They got their charges reduced to PI. |
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50cc rule does not apply to boats for DUI either. Law is supposed to be for boats with engines over 50 horsepower but law enforcement arrest drunks operating jon boats all the time with 10hp. People in Austin get DUI's all the time for riding a bike, drunk. That sounds like some California hippy bullshit.....which is what's to be expected in Austin. |
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Quoted: 50cc rule does not apply to boats for DUI either. Law is supposed to be for boats with engines over 50 horsepower but law enforcement arrest drunks operating jon boats all the time with 10hp. People in Austin get DUI's all the time for riding a bike, drunk. And you would be wrong Sec. 49.06. BOATING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a watercraft. Sec. 49.01.(4) "Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, |
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Quoted: For what its worth I hired a truck driver that got a DWI for turning over a golf cart on a golf course on a Sunday. Try explaining that to your insurance folks who are gun shy of truck drivers anyway... |
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Quoted: And you would be wrong Sec. 49.06. BOATING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a watercraft. Sec. 49.01.(4) "Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water. Quoted: Quoted: 50cc rule does not apply to boats for DUI either. Law is supposed to be for boats with engines over 50 horsepower but law enforcement arrest drunks operating jon boats all the time with 10hp. People in Austin get DUI's all the time for riding a bike, drunk. And you would be wrong Sec. 49.06. BOATING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a watercraft. Sec. 49.01.(4) "Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water. Correct, BWI Was added few years ago to the statutes. |
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If it was his first and he gets a good lawyer it should go ok for him, just cost a bit. Quoted:
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For what its worth I hired a truck driver that got a DWI for turning over a golf cart on a golf course on a Sunday. Try explaining that to your insurance folks who are gun shy of truck drivers anyway... Not sure which county this was in or if it was even in Texas, but I doubt the county prosecutor will accept the case. |
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Quoted: Not sure which county this was in or if it was even in Texas, but I doubt the county prosecutor will accept the case. Quoted: Quoted: Quoted: For what its worth I hired a truck driver that got a DWI for turning over a golf cart on a golf course on a Sunday. Try explaining that to your insurance folks who are gun shy of truck drivers anyway... Not sure which county this was in or if it was even in Texas, but I doubt the county prosecutor will accept the case. It happened several years before I hired him, and yes the DWI was on his record. I don't remember if it was in Texas or not, but we pulled all records pertaining to it and he told us the truth... |
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might not want to take your own advise there bud http://www.kvue.com/news/Two-men-riding-horse-mule-arrested-for-DWI-113324824.html Quoted:
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You can get a DWI for riding a horse or a bicycle too. Not true. A horse is not a motor vehicle.And a bicycle would also not apply with the only stretch I Could see is if there was a 55cc engine on it. Even then, NO. P.I. In my opinion. Both of these would be simple public intoxication, provided they are ocurring in a public place. You can not be charged with DWI on private property where a substantial group of the public does not have access. Such as a paid parking lot used for storage of vehicles. A parking lot off Main st, yes. It's a public place, and does not need to be a " highway " for a DWI. might not want to take your own advise there bud http://www.kvue.com/news/Two-men-riding-horse-mule-arrested-for-DWI-113324824.html Your talking about Austin PD..... If your on a skateboard and drunk you'll probably get a DWI... Austin PD doesn't play......... |
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Quoted: 50cc rule does not apply to boats for DUI either. Law is supposed to be for boats with engines over 50 horsepower but law enforcement arrest drunks operating jon boats all the time with 10hp. People in Austin get DUI's all the time for riding a bike, drunk.  |
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50cc rule does not apply to boats for DUI either. Law is supposed to be for boats with engines over 50 horsepower but law enforcement arrest drunks operating jon boats all the time with 10hp. People in Austin get DUI's all the time for riding a bike, drunk. DUI is the charge people under 21 get with ANY detectable of alcohol where they are not intoxicated. There is a different law boaters are charged with instead of DWI; Boating While Intoxicated. Under BWI, there is no horsepower mentioned. Just the term watercraft; ""Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water." A bicyclist can be properly charged with DWI. |
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DUI is the charge people under 21 get with ANY detectable of alcohol where they are not intoxicated. There is a different law boaters are charged with instead of DWI; Boating While Intoxicated. Under BWI, there is no horsepower mentioned. Just the term watercraft; ""Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water." A bicyclist can be properly charged with DWI. Quoted:
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50cc rule does not apply to boats for DUI either. Law is supposed to be for boats with engines over 50 horsepower but law enforcement arrest drunks operating jon boats all the time with 10hp. People in Austin get DUI's all the time for riding a bike, drunk. DUI is the charge people under 21 get with ANY detectable of alcohol where they are not intoxicated. There is a different law boaters are charged with instead of DWI; Boating While Intoxicated. Under BWI, there is no horsepower mentioned. Just the term watercraft; ""Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water." A bicyclist can be properly charged with DWI. BWI for waterskiing??  A stupid, ridiculous decision to make, but not one that warrants LE attention. That's some big government right there.
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BWI for waterskiing?? A stupid, ridiculous decision to make, but not one that warrants LE attention. That's some big government right there.Quoted:
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50cc rule does not apply to boats for DUI either. Law is supposed to be for boats with engines over 50 horsepower but law enforcement arrest drunks operating jon boats all the time with 10hp. People in Austin get DUI's all the time for riding a bike, drunk. DUI is the charge people under 21 get with ANY detectable of alcohol where they are not intoxicated. There is a different law boaters are charged with instead of DWI; Boating While Intoxicated. Under BWI, there is no horsepower mentioned. Just the term watercraft; ""Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water." A bicyclist can be properly charged with DWI. BWI for waterskiing?? A stupid, ridiculous decision to make, but not one that warrants LE attention. That's some big government right there.im pretty sure "water ski" in this context is referring more to something like a pontoon boat, not someone skiing behind a boat. |
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im pretty sure "water ski" in this context is referring more to something like a pontoon boat, not someone skiing behind a boat. Quoted:
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50cc rule does not apply to boats for DUI either. Law is supposed to be for boats with engines over 50 horsepower but law enforcement arrest drunks operating jon boats all the time with 10hp. People in Austin get DUI's all the time for riding a bike, drunk. DUI is the charge people under 21 get with ANY detectable of alcohol where they are not intoxicated. There is a different law boaters are charged with instead of DWI; Boating While Intoxicated. Under BWI, there is no horsepower mentioned. Just the term watercraft; ""Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water." A bicyclist can be properly charged with DWI. BWI for waterskiing?? A stupid, ridiculous decision to make, but not one that warrants LE attention. That's some big government right there.im pretty sure "water ski" in this context is referring more to something like a pontoon boat, not someone skiing behind a boat. It may, I will say it's not the first conclusion I drew from the quoted text. |