DUI on a Horse

Posted by Stone River Criminal Defense Team

Last Updated: January 14, 2025

Can you get a DUI on a horse in Utah? After a night out, it might seem like a clever idea to ride a horse home instead of driving. But does the law agree? Let’s dive into this quirky question and see what Utah’s DUI laws really say about horseback riding.
attorney meeting with client at desk

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.

Originally Published: September 17, 2024

How can we help you?

Call us at 801-448-7451, or use this contact form.

    Related Articles

    Case Brief: State v. Johnson, 2025 UT App 13
    In a significant decision for Utah’s self-defense jurisprudence, the Utah Court of Appeals reversed the murder conviction of Daniel Lee Johnson in...
    February 5, 2025
    The Gray Area of Drug Paraphernalia in Utah
    In Utah, the concept of drug paraphernalia is not as black and white as many might assume. While most people envision glass pipes and syringes when...
    February 4, 2025
    Unlawful Discharge of a Firearm in Utah
    In a state where firearm ownership is deeply ingrained in both culture and identity, Utah’s laws aim to strike a balance between Second Amendment...
    February 4, 2025

    Ready to explore our other articles?