can you get a dui on a horse

Can you get a DUI on a horse? This is one of the most common questions equestrians ask after a night out. Imagine riding your horse home after a few drinks at the local saloon. It sounds like a scene from an old western movie, but in modern times, could this lead to a police encounter?

The short answer is: It depends entirely on the state you are in.

In some states, a horse is legally considered a “vehicle,” making you liable for a DUI (Driving Under the Influence). In others, DUI laws strictly apply to motor vehicles, meaning you cannot get a DUI on a living animal—though you might still face other charges like public intoxication or animal endangerment.

This guide breaks down the complex laws surrounding riding under the influence, analyzes state-specific statutes (Texas, California, NC, and more), and looks at real-life incidents where riders found themselves on the wrong side of the law.

The Core Question: Is a Horse a “Vehicle”?

Map of US states where you can get a DUI on a horse

To understand if you can get a DUI on a horse, you have to look at how your state defines a “vehicle.”

Motor Vehicle Definition: If a state’s DUI statute specifically says “motor vehicle,” you generally cannot get a DUI on a horse because a horse does not have a motor.
Broad Vehicle Definition: If the statute just says “vehicle” or explicitly states that traffic laws apply to “animals being ridden,” you are at risk of a DUI arrest.

State-by-State Breakdown: Can You Get a DUI on a Horse?

Based on search trends and legal precedents, here is how different states handle intoxicated horseback riding.

1. Can You Get a DUI on a Horse in Texas?

Verdict: Generally No.

Everything is bigger in Texas, including the love for horses. According to the Texas Penal Code, a DWI (Driving While Intoxicated) requires the operation of a “motor vehicle.” Texas courts have historically ruled that a horse does not meet the definition of a motor vehicle. However, don’t celebrate yet—you can still be arrested for Public Intoxication (PI) if you are a danger to yourself or others.

2. Can You Get a DUI on a Horse in California?

Verdict: No (But you can get a BUI).

California Vehicle Code 21050 states that people riding animals have the same rights and duties as drivers of vehicles. However, California law specifically defines a DUI as driving a “motor vehicle.” Since a horse is not a motor vehicle, you typically cannot get a standard DUI.

The Catch: You can be charged with “Riding a Horse Under the Influence” under specific codes in some jurisdictions, or more commonly, public drunkenness.

3. Can You Get a DUI on a Horse in North Carolina (NC)?

Verdict: Yes.

North Carolina is strict. Under N.C.G.S. § 20-138.1, a “vehicle” includes “every device in, upon, or by which any person or property is or may be transported.” Horses have been interpreted to fall under this category in legal contexts. Riding a horse while impaired on a public highway or street in NC can land you a DWI charge.

4. Can You Get a DUI on a Horse in Florida?

Verdict: Yes.

Florida is famous for its unique news stories, and this is no exception. In Florida, a horse is considered a vehicle when on the road. There have been documented cases (see the “Real Incidents” section below) where riders were arrested and charged with DUI while riding horses.

5. Other States at a Glance

Kentucky: Yes. A horse is considered a vehicle, but non-motorized vehicles often carry lighter penalties.
Montana: Yes. You can get a DUI on a horse, but it often doesn’t count against your driver’s license points.
Colorado: Yes. Riding a horse while intoxicated is a traffic infraction (Class B), separate from a motor vehicle DUI.

Can You Get a DUI on a Horse and Buggy / Carriage?

This is a common question (searched over 100 times/month). A horse-drawn carriage or buggy is almost universally considered a “vehicle” because it is a device used for transport.

If you are operating a carriage in states like Pennsylvania (home to many Amish communities) or Ohio, you can absolutely receive a DUI. The buggy is a vehicle, and you are the operator.

Real Life Incidents: When Riders Got Caught

To prove this isn’t just theory, here are real cases involving police bodycams and court rulings:

The “Grandma on a Horse” (Florida, 2017): Perhaps the most famous case involved a woman named Donna Byrne in Polk County, Florida. Police arrested her for riding her horse, Bodie, while intoxicated. The officers stated she was staggering and the horse was running in the road.

Charge: DUI and Animal Neglect.
Sheriff’s Statement: “The horse was ultimately stopped… Mrs. Byrne was obviously not in any condition to be on the road.”

The Texas Cowboy (Austin, Texas): Two men were arrested in downtown Austin for riding horses while intoxicated. However, because of Texas’s “motor vehicle” distinction, they were eventually charged with Public Intoxication, not a DWI. This highlights the importance of the specific charge.

The California Highway Incident: In Merced County, CHP officers pulled over a man slurring his words on horseback. While they couldn’t charge him with a standard VC 23152 (DUI), they arrested him for being unable to care for his safety under public intoxication laws.

What Does the Internet Say? (Reddit & Quora Perspectives)

We analyzed discussions on r/LegalAdvice and r/Horses to see what the community says.

The “Designated Walker” Theory: A popular thread on Reddit discussed whether a horse could count as a “designated driver” since the horse knows the way home.
- Legal Reality: Most users correctly pointed out that even if the horse is sober, you are the one in control (or supposed to be). If you can’t control the animal due to alcohol, you are liable.
Animal Cruelty Concerns: On Quora, the discussion often shifts from traffic laws to animal welfare. Many users point out that even if you avoid a DUI, you are likely to face Animal Endangerment charges. Riding drunk puts the horse at risk of slipping on pavement or getting hit by a car.

Frequently Asked Questions (FAQ)

Can you lose your driver’s license for riding a horse drunk?

In most states, No. Because a horse is not a motor vehicle, points usually don’t transfer to your DMV record. However, states like Kentucky or North Carolina may have provisions that affect your license depending on the specific statute used.

Is it illegal to ride a horse drunk on private property?

generally, No. DUI laws apply to public highways and roads. If you are on your own ranch, you are usually safe from traffic laws, though general safety laws still apply.

Can a passenger on a horse get a DUI?

No, just like a passenger in a car cannot get a DUI. However, “riding double” while drunk is extremely dangerous and could lead to reckless endangerment charges.

Conclusion

So, can you get a DUI on a horse?

If you are in Texas or California: Likely No (but expect a Public Intoxication charge).
If you are in Florida or North Carolina: Likely Yes.

Regardless of the law, riding a 1,000-pound animal while your reflexes are impaired is a recipe for disaster. The smartest move? Call a cab for yourself and a trailer for your horse.