DUI on a horse. Is that possible? You may be surprised to learn that DUI charges on a horse have been brought against people before, including as far back as 2009 (contrary to popular belief, there was no such thing as a DUI back in the days when horseback riding was the predominant mode of travel) . Which reminds me that this is not some fancy, misleading article to try to get you to read about anything. I will not discuss DUI law in the 1880s. This is an analysis of current DUI laws and what could get you riding drunk today.
Because I am a Seattle, Washington DUI attorney, I am going to use Seattle DUI law in my example of analyzing 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 occasions where Seattle’s law applies across the board to all fifty states. However, whether or not that is true, I must request that if you have a question about DUI and you are not in Seattle, that 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 in your state.
Let’s set the scene for the DUI in a horse test case. It starts like any other day. You go out with your friends to ride his horse (he lives in one of those residential developments that have built-in equestrian trails throughout the subdivision). But before you ride, you’re going to watch the Mariner game on TV. During the game, since it’s Saturday and everything, he decides to have a couple of beers. And a pair becomes ten. By the end of the game you’re pretty drunk, but you saddle up and ride off anyway.
About halfway through the ride, he’s on a residential street transitioning between trails when a Seattle police officer pulls up and asks what he’s doing. You tell him and he asks you to get off the horse to investigate further. Although you didn’t realize it until then, you still have all your Mariner gear on, including the full uniform (you’re a huge fan). As the Seattle cop talks to you, he asks if you’ve been drinking. You say yes, and then you agree to take some field sobriety tests. And then you get arrested for DUI in Seattle.
When you finally talk 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 operating a vehicle in this state under the influence of alcohol or intoxicating drugs. Seattle DUI can be proven in three ways: (1) a breathalyzer test greater than .08; (2) show signs of alcohol or drug intoxication; or (3) showing signs of alcohol intoxication Y drugs
But the analysis does not start there, because there is a previous step involved. The definition of “vehicle”. And vehicle, as you can imagine, encompasses many things, but they all have motors and wheels, and are moved by some kind of machinery. I would explain the definition of vehicle, but it’s 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 a DUI in Seattle on a horse. It doesn’t work because a horse doesn’t qualify as a vehicle, and operating a vehicle is a necessary element of the crime. This does not mean, however, that he cannot be charged with other crimes, or that he should ride a horse drunk. If you didn’t know, it can hurt a lot to fall off a horse.