DUI on a horse. Is that even possible? You might be surprised to learn that horse DUI charges have been filed against people before, even in 2009 (contrary to popular belief, there was no such thing as DUI in the days when riding was the mode of travel predominant). Which reminds me that this is not a quirky and complicated article to try to keep you from reading anything. I will not discuss DUI law in the 1880s. This is a review of today’s DUI laws and what riding drunk might bring you today.
Because I am a DUI attorney from Seattle, Washington, I am going to use Seattle DUI law in my example analysis of whether or not you can get a DUI on a horse. And while I can’t be sure, this may be one of those rare times that Seattle law applies across the board to all fifty states. However, whether that is true or not, I must request that if you have a DUI question and you are not in Seattle, you contact a DUI attorney in your state and discuss your issues with them. Laws from state to state may be different, so to make an informed decision, you need to know the laws of your state.
Let’s set the stage for the DUI in a horse test case. It starts like any other day. You go out with your friends to ride their horses (he lives in one of those residential developments that has the equestrian trails built throughout the subdivision). But before you ride, watch the Mariners game on TV. During the game, as it is Saturday and all, you decide to have a couple of beers. And a couple becomes ten. At the end of the game you are quite drunk, but you saddle the horse and leave anyway.
About midway through the trail, you find yourself on a residential street transitioning between trails when a Seattle police officer pulls up and asks you what you are doing. You tell him and he asks you to get off the horse to investigate further. Although you didn’t realize it until that point, you still have all of your Mariner gear, including the full uniform (you’re a huge fan). As the Seattle cop talks to you, he asks if you’ve been drinking. He says yes and then agrees to take some field sobriety tests. And then you get arrested for DUI in Seattle.
When you finally speak to your Seattle DUI attorney, he says you can drop the charges immediately. But how? Let’s take a look at the DUI statute to find out.
RCW 46.61.502 states that drunk driving is driving a vehicle in this state while under the influence of alcohol or intoxicating drugs. Seattle DUI can be tested in three ways: (1) a breathalyzer test greater than .08; (2) show signs of alcohol or drug intoxication; or (3) shows signs of alcohol intoxication Y Drugs
But the analysis does not start there, because there is an earlier step involved. The definition of “vehicle”. And the vehicle, as you can imagine, encompasses many things, but they all have motors and wheels, and they move because of some kind of machinery. It would explain the definition of vehicle, but it is too long. But I can tell you one thing, the vehicle does not include horses.
There you go It is impossible to be convicted of DUI in Seattle on horseback. It does not work because a horse does not qualify as a vehicle, and operating a vehicle is a necessary element of the crime. However, this does not mean that you cannot be charged with other crimes or that you should ride a horse drunk. If you didn’t know, it can hurt a lot to fall off a horse.
