Can You Avoid a DUI by Riding a Horse?
Ever wonder if you can get a DUI on a horse? Picture this: you’re at a bar near Cheyenne, Wyoming, enjoying a steak dinner, when an old cowboy rides in on his trusty steed. His plan? To ride home on horseback and avoid getting a DUI. It sounds clever, but would it actually work in Utah? Can you really get a DUI on a horse?
What Utah Law Says
In Utah, you can get a DUI for operating or being in physical control of a vehicle while intoxicated or having a blood alcohol concentration (BAC) over .05. So, the real question here is: Is a horse considered a vehicle?
A horse can take you from point A to point B, and it can even pull a trailer. But does that make it a vehicle under Utah law? According to Utah Code, a vehicle is defined as “a device in, on, or by which a person or property is or may be transported or drawn on a highway…” (Utah Code §41-6a-102). So, does a horse count as a device?
Is a Horse a Device?
Common sense tells us no—and the Utah Supreme Court agrees. In a case out of Kaysville, Utah, the court ruled that a horse is not a device. In fact, they stated, “No dictionary we have examined defines ‘device’ to encompass an animal, and [the statute] uses the word ‘device’ in its usual sense. Both due process and common usage restrain us from torturing the definition of a ‘vehicle’ to include a horse.” (See State v. Blowers, 717 P.2d 1321, 1323 [1986]). Therefore, you can’t get a DUI on a horse.
But, fun fact: bicycles, scooters, and even horse-drawn wagons are considered vehicles. So, while you can’t get a DUI on a horse, you could still be in trouble if you’re riding or driving one of those under the influence!
Please Don’t Drink and Horse
Drinking and riding horses is still very dangerous. Don’t do it. It’s not safe for you as the rider or the horse who is trusting you to keep them safe. And just because you’re not DUI on a horse does not mean there are no other crimes you might be committing if you go horseback riding drunk.