Yes, you can be prosecuted for Driving While Intoxicated in Texas if you operate a motorized bar stool on a public road. I answer this question in response to several inquiries I have received today concerning this subject. In case you missed it, the AP is reporting that on March 31st, police in Ohio arrested a man for Driving Under the Influence after he had an accident while driving a motorized bar stool on a public street.
The bar stool in question is mounted on top of a modified lawn mower frame and engine and also has a steering wheel. While at the hospital being treated for injuries, the man allegedly told police that he had consumed 15 beers before attempting to drive home on his gasoline-propelled bar stool. On the way home, he struck an object and was thrown from his throne, so to speak. The question I have been asked in the aftermath of this tragedy is this: If you were intoxicated while driving a motorized bar stool in Texas, similar to the Ohio rig, could you be prosecuted for Driving While Intoxicated? Yes. Texas's DWI statute provides that you commit an offense if you operate a "motor vehicle" in a public place while intoxicated.
Texas Transportation Code Section 601.002(5) states, in part, that the term "motor vehicle" means "a self-propelled vehicle designed for use on a highway . . ." There are then some exceptions for things such as a traction engine (which is a steam-powered engine), a road roller, a tractor crane, a well driller, a horse trailer, and, significantly, "an electric personal assistance mobility device as defined in Section 551.201." The Ohio device was gas-powered, self-propelled once started, and designed to drive on the road. Thus, a motorized bar stool is a "motor vehicle" under Texas law. This reminds me of a case I had in Guadalupe County about a year ago, in which my client was arrested for DWI while sitting on a lawn tractor.
There was never any real dispute concerning whether or not he was operating a motor vehicle under the Transportation Code -- he was (The case was later dismissed because law enforcement lost the roadside video. Personally, I think they still have it and are showing it at parties.) The man in Ohio, if he were in Texas, could have chosen to build a steam-powered bar stool, though I suspect that this would be impractical. It is important to note, however, that you cannot get a DWI in Texas while operating a motorized, electric wheelchair, or a similar device. If you live close to your regular bar or beer joint, and do not have to take the highway to get home, you should consider investing in a pimped ride from the Scooter Store. Although the cops might still be able to arrest you for Public Intoxication if they find you smashed, they cannot arrest for you Driving While Intoxicated (a far more serious offense) even if you have had a wreck. Although I admire the ingenuity and imagination of the bar stool pilot, he might have been better advised to do some legal research first.