Unauthorized use of a motor vehicle (UUMV) is a state jail felony in Texas — and it doesn't require any intent to keep the vehicle. Simply operating someone's car, boat, or aircraft without their effective consent is enough. That makes consent the heart of nearly every UUMV case, and it is frequently a genuine dispute among family members, friends, and exes.
If you or a loved one has been charged in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors — can help.
What the Law Covers
Under Texas Penal Code § 31.07, a person commits UUMV by intentionally or knowingly operating another's boat, airplane, or motor-propelled vehicle without the owner's effective consent. Unlike theft of a vehicle, there is no requirement of intent to permanently deprive the owner — the wrongful use is the crime. The State must prove you knew you lacked consent.
Penalty Range
| Circumstance | Offense Level | Punishment |
|---|---|---|
| Unauthorized use of a motor vehicle | State Jail Felony | 180 days – 2 years state jail; up to $10,000 fine |
| With qualifying prior felonies | Enhanced (Third/Second-Degree) | Elevated range under the habitual/repeat-offender statutes |
How These Cases Are Defended
- Consent — actual or implied. If you had permission, or reasonably believed you did based on a history of shared use, the State cannot prove the lack of effective consent.
- No knowledge you lacked consent. UUMV requires knowing operation without consent; a genuine misunderstanding negates the mental state.
- Mistaken identity. Where the driver's identity is contested, we test the proof.
- Illegal stop or search. Evidence from an unlawful detention can be suppressed.
- Diversion, reduction, and dismissal. First-time offenders frequently qualify for outcomes that avoid a felony conviction and allow expunction.
Collateral Consequences
A state jail felony conviction can affect employment, housing, licensing, firearm rights, and immigration status, and it appears on background checks. Because consent disputes make these cases very winnable, an experienced defense is worthwhile.
Related Charges
Why HCDA
Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors. If you or a loved one has been charged with unauthorized use of a motor vehicle in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.