Motorcycling While Intoxicated in Austin, Bastrop, Colorado, Fayette, Washington or Lee County
In Texas, criminal charges for motorcycling while intoxicated, sometimes also referred to as a motorcycle DUI (driving under the influence) or DWI (driving while intoxicated), carry harsh penalties with life-changing consequences. These penalties can include hefty fines, loss of license, drug and alcohol classes, and even imprisonment. To protect yourself from these life-changing consequences, retaining the counsel of an expert DWI defense attorney is essential.
Texas attorney Phil Baker specializes in drug and alcohol-related charges, such as motorcycling while intoxicated, boating while intoxicated, and driving while intoxicated. For more than twenty years, Attorney Phil Baker has successfully defended the accused in Austin and throughout the greater State of Texas in multiple high-profile cases including the reversal of an 18-year old DWI conviction. Through years of devoted practice, Mr. Baker has gained an unparalleled knowledge of how the police and prosecution operate, as well as the intricate law surrounding evidence that confuses many experienced attorneys who do not specialize in drug and alcohol-related criminal defense. He is ideally positioned to defend you in a charge for motorcycling while intoxicated – even if you believe that it’s an open and shut case against you. If you have been arrested for or charged with motorcycling while intoxicated, or have a prior conviction you would like reviewed, please contact our offices today for a free consultation.
What is Motorcycling While Intoxicated?
Under Texas law, motorcycling while intoxicated is not distinguished from DUI or DWI. The Texas Penal Code defines DUI/DWI as operating a motor vehicle while under the influence of alcohol. Specifically, the Texas Penal Code identifies motor vehicles as any “device in, on, or by which a person or property is or may be transported or drawn on a highway.” The broad definition of motor vehicle encompasses cars, trucks, motorcycles, etc. Thus, under Texas law, the charge for motorcycling while intoxicated is the same DUI/DWI you would receive if you were operating a car or truck while intoxicated.
To be considered intoxicated under Texas law, one of three standards must be met. If the driver is under 21 years of age and thus not old enough to legally drink, the driver will be considered intoxicated if there is any detectable amount of alcohol in his or her system. If the driver is 21 years of age or older and thus old enough to legally drink, the driver will be considered intoxicated if his or her blood alcohol content (“BAC”) is 0.08% or more. Finally, if the driver is a commercial driver and 21 years of age or older, he or she is considered intoxicated if his or her BAC is 0.04% or higher. For a commercial driver under 21 years of age, the under 21 standard applies.
What are the Consequences of Motorcycling While Intoxicated?
Because motorcycling while intoxicated falls within DUI/DWI, the consequences are the same. Under Texas law, the following penalties apply for motorcycling while intoxicated:
First Offense
Up to $4,000 fine
3 days to 1-year imprisonment
90 days to 1-year license suspension
Potential ignition interlock device
Misdemeanor conviction
Second Offense
Up to a $4,000 fine
30 days to 1-year imprisonment
6 months to 2 years license suspension
Ignition interlock device for 1 year if the prior conviction is within 5 years
Misdemeanor conviction
Third Offense
Up to a $10,000 fine
2 to 10 years imprisonment
6 months to 2 years license suspension
Ignition interlock device for 1 year if the prior conviction is within 5 years
Potential felony conviction
Fourth and Subsequent Offenses
Up to a $10,000 fine
2 to 20 years imprisonment
Up to 2 years license suspension
Ignition interlock device for 1 year if the prior conviction is within 5 years
Potential felony conviction
In addition,. under Texas’ implied consent law, any motorist who operates a motor vehicle on public roads impliedly consents to submit to a blood or breath test upon being arrested for suspicion of DUI/DWI. While you can still refuse to submit to a blood or breath test after the arrest, such refusal will carry an administrative penalty of a 180-day license suspension for a first offense and a 2-year license suspension for a second offense or subsequent offense. However, Texas’ implied consent law does not apply to any blood or breath tests prior to arrest – you have the right to refuse to consent to a breath test without administrative consequence prior to arrest. Due to the severe penalties resulting from a motorcycling while intoxicated conviction, retaining an exceptional DWI defense attorney can be the difference between acquittal and spending years in prison.
Contact Our DWI Defense Attorney
Phil Baker has dedicated his practice to protecting those accused of DUI/DWI from overzealous prosecution. Mr. Baker will aggressively defend you inside and outside the courtroom – ensuring that your rights are protected. If you have been arrested for or charged with, motorcycling while intoxicated, please contact our office today for a free consultation.
DWI defense Attorney Phil Baker represents clients throughout the State of Texas with focus on the following rural counties: Austin, Bastrop, Burleson, Colorado, Fayette, Lavaca, Lee, and Washington counties.
