Can You Get a DUI On a Horse?

It may sound like something that could only happen in the movies. However, you may be surprised how many times the police arrest people on horseback for drunk driving. But can law enforcement actually charge someone riding a horse with a DUI?

The short answer is yes. In some states, they can.

Here, we’ll discuss whether the police can arrest you for drunk driving while on a horse. We will explain which states have horse DUI statutes and how other jurisdictions handle this offense. Finally, we’ll discuss how the courts in various states approach this type of case.

If you’re facing charges for DUI on a horse or motor vehicle, consult with a DUI attorney right away. They can help to protect your rights and build a stronger defense.

DUI Laws and the Definition of”Vehicle”

To determine whether it’s illegal to ride a horse after drinking alcohol, first we have to understand how the courts define the term”vehicle.”Drunk driving laws almost always reference a person driving a motor vehicle while under the influence of alcohol, drugs, or any other mind-altering substance.

There have been thousands of DUI cases involving people on ATVs, scooters, riding lawnmowers, and other modes of transportation. Criminal liability in these cases typically depends on whether the vehicle has a motor (hence the term motor vehicle).

However, some states have broader definitions of driving under the influence. They might just reference”vehicles,”for example. Generally, when it comes to interpreting DUI statutes, courts look to the statute’s plain language.

So, if a person drinks alcohol and then saddles up their horse, are they operating a vehicle while intoxicated?

In some states, the answer to this question is yes. In most others, the answer is less clear. The sections below will discuss how the various states approach this question.

Which States Have Horse DUI Laws?

Not every state’s DUI laws apply to nontraditional modes of transportation. For example, the DUI statutes do not mention horses in states like Louisiana and Michigan. The courts in some jurisdictions have held that law enforcement cannot arrest a horseback rider for DUI.

California grants the same rights and duties to any person riding or driving an animal on a roadway as to other drivers. The California Highway Patrol has arrested people on horseback for DUI. However, in most cases, it’s more likely a rider will face a public intoxication charge.

Authorities in Florida have also brought DUI charges in cases where the defendant was on horseback under the state’s broad definition of”vehicles.”

Kentucky has a separate DUI statute for vehicles that are”not a motor vehicle,”and has brought charges against people for drunk horse riding.

Other states that might allow a DUI charge against someone riding a horse include:

• Alabama
• Arkansas
• Georgia
• Kansas
• Nevada
• New Mexico
• Oklahoma
• Vermont

The DUI statutes in these states usually don’t directly address drunk driving while on horseback. But the justification for arresting people for horse DUI is that they pose a threat to public safety, especially if they are riding on a public roadway.

While the above states might allow a charge for drunk driving while on horseback, other states have held that their DUI laws do not apply to people on horses. Some of these states include:

• Arizona
• Colorado
• Michigan
• Minnesota
• Nebraska
• North Carolina
• Tennessee
• Texas
• Washington

Keep in mind that just because the DUI statutes in these states don’t specifically mention horse DUI, that doesn’t mean the police can’t arrest you. Even if a state’s DUI statutes are not broad enough to include horses, a person can still face criminal charges for riding drunk.

Horseback Riders May Face Other Criminal Charges

Even if you can escape DUI charges in some states for driving a horse while under the influence, you may face other charges.

In states where there is no such thing as horse DUI, law enforcement can still arrest you for public intoxication, disorderly conduct, or animal cruelty. It depends on the situation.

Riders can also face civil liability if they damage another person’s property or cause injury.

Penalties for Equestrian DUI Offenses

The penalties for a DWI on a horse can be similar to traditional DUI cases. The significant difference is that the judge might not suspend your driver’s license if you were driving under the influence on a horse rather than in a motor vehicle. It depends on the laws in your jurisdiction. It’s also rare to see a mandatory ignition interlock device in this type of case.

Depending on whether you have prior convictions for DUI, the legal consequences of a horse DUI or related charge will include some or all of the following:

• Fines
• Possible jail time
• Community service

There is no guarantee that the judge will suspend your license. Some state DUI statutes call for a driver’s license suspension regardless of the type of vehicle you were driving at the time of your DUI arrest. In these states, you’ll likely lose your license for three months or longer.

The judge may even order the county to take your horse, but this is usually only done in cases involving animal cruelty or reckless endangerment of an equine.

Defenses to Horse DUI Charge

As with any other criminal case, you have the right to raise a defense to the charge of driving a horse under the influence. This is why many defendants retain a DUI criminal defense attorney to handle their case. Your attorney will be familiar with all possible defenses and choose the one that best applies to the facts of your case.

The available defenses to a horse DUI charge include:

• There is insufficient evidence that you were driving under the influence of alcohol or drugs at the time of your arrest
• The police did not administer the field sobriety test in a fair manner
• Unlawful search and seizure
• Unlawful traffic stop
• You were riding your horse on private property
• Your state’s DUI laws do not apply to drunk driving on a horse
• You were not horseback riding on a public road
• Your blood alcohol content (BAC) was below the legal limit
• Involuntary intoxication

As with any other DUI case, whether the state can prove its case beyond a reasonable doubt depends on the specific laws in your jurisdiction. Some states have statutes that expressly prohibit riding horses while under the influence. In other states, the DUI laws do not apply to horses, but the legal definition of the word”vehicle”includes horses, scooters, and other modes of transportation.

Contact a Criminal Defense Attorney for Help with Your DUI Case

If you’re facing charges after a DUI arrest, it’s best to seek help from a local DUI attorney. Even if you avoid a DUI conviction, you may face charges for a related offense, such as disorderly conduct.

A skilled criminal defense attorney knows the local laws and will help devise a strong legal defense. They’ll also work hard to achieve an acquittal or favorable plea bargain. Many offer free initial consultations, where you can confidentially discuss your case and take stock of your options.