Electric Scooters And A Texas DWI
You have likely seen electric scooters in Texas cities. Because these forms of transportation have become more popular in recent years, it is important to understand the laws surrounding their use. It is possible to receive a DWI while riding a scooter, although there is not a specific law defining this. It is possible because a scooter could be defined as a motorized vehicle.
When you are using a scooter-sharing service such as Bird or Lime, do not drink and drive to protect yourself and others. But if you have already received a charge connected with operating an electric scooter while under the influence, connect with a Houston DWI lawyer to defend your rights.
Motorized Vehicles and Scooters
While the law does not include the words scooter or electric scooter in the definition of a motor vehicle, the transportation forms can be included in the category as the definition is fairly open. A vehicle that is motorized is many, many things. Because of this, it is possible to receive a DWI while operating a car, bike, boat, ATV, or electric scooter. Each situation needs to be addressed individually.
There may be a possibility for an experienced attorney to challenge a charge when the scooters are not being operated in an area that is open to the public. This could lead to the charges being dismissed. Because, essentially, Texas DWIs are connected to the following facts
- An individual operating the item
- The item is a motor vehicle
- The behavior is in public place
- A person is intoxicated while operating the vehicle
Operating can also be pushed against if the vehicle was not moving at the time of the arrest. For example, if you are driving a car down the road while intoxicated, that is clearly a violation. But what if you were only sitting in the car? Or if you turned the car on solely for access to air conditioning? There are times when a DWI case can be fought. A skilled Houston DWI lawyer knows when it is possible to win a case or have a charge dismissed.
If you were riding an electric scooter at the time of the charge, you may be facing a public intoxication charge rather than a DWI. Public intoxication means an individual is impaired to the point of being a danger. A person can face a public intoxication charge without a test, such as a breathalyzer or field sobriety test, being administered. The misdemeanor carries fines and can lead to other issues as it is an alcohol related offense on your criminal record.
Talk to a Texas DWI Lawyer
Were you charged with public intoxication or a Texas DWI while operating an electric scooter? It’s important you understand your rights. Our experienced legal team can defend you against criminal charges. We have the knowledge to protect you whether the alleged crime was minor or serious. Reach out to the legal team at Ayson Law Firm to understand your rights. Contact us today for a free consultation with a Houston criminal defense attorney today.
