4.19.2013

DWI Warning Of The Day


Think someone could get a DWI conviction for driving a golf cart at the Texas Motor Speedway? An opinion released today demonstrates that it happened.

Although the DWI statutes require a person to be driving a "motor vehicle", the definition is so broad that the State "offered a horse and buggy as an example [during jury selection] and elicited from the jury panel other examples, including a bicycle, a skateboard, a moped, a golf cart, and a tractor."

"Motor vehicle" is defined as “a device in, on, or by which a person or property is or may be transported or drawn on a highway.” See Texas Penal Code Ann. § 32.34(a)(1)