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My AccountChapter 49
- 49.1 Definition of “Intoxication”
- 49.2 Definition of “Motor Vehicle”
- 49.3 Definition of “Operate”
- 49.4 “Synergistic Effect” Instruction
- 49.5 “No Defense” Instruction
- 49.6 “No Culpable Mental State Requirement” Instruction
- 49.7 “Refusal” Instruction
- 49.8 Limited Use of Breath Test Evidence
- 49.9 “Involuntary Intoxication” Defense Instruction
- 49.10 Necessity Defense Instruction
- 49.11-49.15 Reserved
- 49.16 Instruction—Misdemeanor Driving While Intoxicated (with Necessity Defense)
- 49.17 Instruction—Driving While Intoxicated with Child Passenger
- 49.18 Instruction—Misdemeanor Flying While Intoxicated
- 49.19 Instruction—Misdemeanor Boating While Intoxicated
- 49.20 General Comments on Felony Enhanced Offenses
- 49.21 Instruction—Felony Driving While Intoxicated (Two Prior DWI Convictions)
- 49.22 Instruction—Felony Driving While Intoxicated (Prior Intoxication Manslaughter Conviction)
- 49.23 General Comments on Death or Injury Intoxication Offenses—Causation
- 49.24 Instruction—Intoxication Manslaughter
- 49.25 Instruction—Intoxication Assault
Comment
The definition of “motor vehicle” is based on Tex. Penal Code § 49.01(3), which incorporates Tex. Penal Code § 32.34(a). This definition seems incomplete; there appears to be agreement that despite the statutory provisions, the definition should include a requirement that the device be self-propelled. The Texas Transportation Code states: “ ‘[m]otor vehicle’ means a self-propelled vehicle or a vehicle that is propelled by electric power from overhead trolley wires. The term does not include an electric bicycle or an electric personal assistive mobility device, as defined by Section 551.201.” See Tex. Transp. Code § 541.201(11).
The statutory definition is probably at best unhelpful, although there is seldom any need for careful definition of the term.
The Committee concluded that despite the statutory provision, trial judges could properly use more accurate definitions. Instructions could, for example, include:
“ Motor vehicle” means every vehicle which is self-propelled, and includes a passenger car, or motorcycle, or light truck, or truck, tractor, or farm tractor, or road tractor, or truck, or bus.
This definition is apparently widely used. See, e.g., Porter v. State, 921 S.W.2d 553, 555 (Tex. App.—Waco 1996, no pet.).
Alternatively, trial judges might appropriately use the following:
“ Motor vehicle” means an automobile, truck, motorcycle, tractor, bus, or any other device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks.