Bicycle DUI Laws in Texas
Last reviewed by BikeSize EditorialThis guide is for general information only and is not legal advice. Laws change - verify current rules with your state DOT or a licensed attorney before relying on this for any legal matter. Read full disclaimer.
The rule
In Texas, the DUI statute does not apply to bicyclists — it covers motor-vehicle operators only. Texas's DWI statute (Tex. Penal Code § 49.04) applies only to operators of a 'motor vehicle.' The Penal Code definition (§ 49.01) does not include bicycles, so a cyclist cannot be charged with DWI in Texas. Riders who appear impaired in public can still be arrested for public intoxication under § 49.02, a Class C misdemeanor with a fine up to $500. See Tex. Penal Code § 49.04 (Driving While Intoxicated).
Statute
What this means in practice
A DUI charge isn't on the table for cyclists in Texas, but that's not a license to ride drunk — public-intoxication, reckless-conduct, and disorderly-conduct charges can still apply, and cycling impaired dramatically raises crash risk.
Ride sharp, ride legal
Run a 60-second pre-ride safety check
DUI, impairment, and distraction laws all assume you are riding a bike that is actually safe to ride. The M-check takes a minute and catches the things that get you hurt.
See the M-check guide