Is a ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE (electric wheelchair) considered a vehicle in Texas?
No, not for purposes of DWI. Keep in mind that DWI is covered by the Texas Penal Code. The Texas Transportation Code is not relevant for DWI. Driving while intoxicated is covered under Section 49.04 of the Texas Penal Code, which refers to a “motor vehicle”. Section 49.01 refers us to Section 32.34(a) for the definition of a “motor vehicle”. Section 32.34(a) of the Texas Penal Code defines “motor vehicle” as “a 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.” Obviously, an electric wheelchair cannot transport a person on a highway, so it’s not a motor vehicle according to the Texas Penal Code.
