DUI on a Horse? The Law Unbridled

DUI on a Horse? The Law Unbridled


Take a brief break from worrying about insuring all the uninsured or trying to stimulate the economy and let your brain play with the news that a grand jury in Whitfield County, Georgia, has ruled that operating a horse while legally drunk (the rider, not the horse) is not against the law, at least not in Tunnel Hill, Georgia.

In a July 31 Dalton Daily Citizen article, Mark Millican reports that the grand jury “no-billed” or dropped the case against two men arrested for riding a horse while twice over the legal limit for DUI in Georgia.

“It was no-billed because it’s not illegal to be intoxicated on a horse,” District Attorney Kermit McManus told the Daily Citizen. “The legal distinction is that the charge of DUI is defined as operating a vehicle. Basically, to be in violation of the driving under the influence statute you have to be in a vehicle. A vehicle is defined as a ‘device,’ not a horse. A horse does not fit the definition of a vehicle.” The more you know, right?

The DA’s legal logic failed to convince Tunnel Hill Police Chief Roy Brunson. “The way we look at it, they put themselves in danger, they put other people in the roadway in danger, and the horses, too,” Brunson is quoted as saying in the Daily Citizen article. “If they get that horse in front of a car, we’ve got a serious situation.”

Another Opinion:

While the idea of a DUI on a horse may seem ludicrous, the main concern from a law enforcement point of view is public safety. Someone riding a horse or bicycle while intoxicated could potentially be a risk to others. Drivers, for example, might get in an accident because of the erratic riding pattern of the drunk individual. In the case of a horse, animal endangerment is also an issue. Several states have documented cases in which a horse died or was severely injured as a result of an intoxicated rider.

The procedure for citing and punishing a DUI on a horse is usually the same for that in a motor vehicle. A law enforcement officer stops the rider or cyclist because the officer suspects that the rider may be under the influence. If a test such as a breathalyser indicates that the rider is intoxicated, the officer will issue a citation for a DUI on a horse. In many states, the lawbreaker's license will be immediately revoked, and he or she will have to go to court to get it back. While in court, fines may be imposed, along with public service.