Other Everything else not covered in the main topics goes here. Please avoid brand and flame wars. Don't try and up your post count. It won't work in here.

DUI on a Horse

Thread Tools
 
Search this Thread
 
Old Sep 29, 2005 | 10:00 PM
  #1  
durasmack's Avatar
Thread Starter
Registered User
 
Joined: Mar 2004
Posts: 688
Likes: 0
From: Maineville, Ohio
DUI on a Horse

Say I ride a horse somewhere, get drunk, ride the horse home. Is it possible to get a DUI while riding the horse?

Something I don't know about and would like the opinions of all the people around here....






Trey
Reply
Old Sep 29, 2005 | 10:09 PM
  #2  
TAS05CTD610's Avatar
Registered User
 
Joined: Feb 2005
Posts: 793
Likes: 0
From: West Warwick, RI
Dui

Technically they couldn't get you on a DUI, they could however charge you with a RUI (Riding Under Influence) or a RWI. As long as your horse had fully functioning eyes, exhaust muffler (butt) and all safety gear, chaps, helmit, I don't know why they could ticket you. Now if you park your horse in a handicap spot, it better only have 3 legs, they really crack down on that.

I too am looking for alternate ways to get to work, however when the cop drove by me, he just accelerated away faster than his approach. What never seen a guy on a pink bike with his breif case in the front basket. Common. Ring ring

Seriously though, not sure if they could ticket you. let us know what you find. I just don't wanna read about this in the head lines and be able to say, I know who that was.

Tom
Reply
Old Sep 29, 2005 | 10:09 PM
  #3  
2500Ram's Avatar
Registered User
 
Joined: Jul 2005
Posts: 1,008
Likes: 0
From: Colorado Springs
Funny question but I would say no. It’s not a motorized vehicle but you could get a drunken in public ticket if you or the horse are making a racket.

BTW what are your plans, sounds fun
Reply
Old Sep 29, 2005 | 10:14 PM
  #4  
newriverSpecon's Avatar
Registered User
 
Joined: May 2005
Posts: 487
Likes: 0
From: Missoula, Montana
Considering DUI & DWI laws usually state motor vehicle I would say no. They could hawever get you for other things like drunk in public. Something else I found interresting while talking to a LEO that teaches at AZPOST (the AZ academy) is that you can even get a DUI on private property driving a tractor. Also running over a fire hose and handi-cap parking spaces are ticketable on private property. We discussed that after the state Florida tried to cite to pilots for a major airline with DUI.


Randy
Reply
Old Sep 30, 2005 | 12:23 AM
  #5  
99 cummins's Avatar
Banned
 
Joined: Nov 2002
Posts: 909
Likes: 0
From: Illinois
I have heard of cases of people on bikes getting arrested for riding on the street while drunk, don't know under what charges. I am sure if your on public roadways they will get you for something.
Reply
Old Sep 30, 2005 | 12:41 AM
  #6  
Mopardan's Avatar
Registered User
 
Joined: Aug 2004
Posts: 201
Likes: 0
From: Central Arkansas
I know a man that decided to ride his riding lawn mower around the block. He got a DWI, and they hauled his lawn mower in!
Reply
Old Sep 30, 2005 | 02:19 AM
  #7  
Chrisreyn's Avatar
DTR's Night Watchman & Poet Laureate
 
Joined: Jun 2004
Posts: 2,156
Likes: 1
From: Lyndon KS
Most states have a a statute stating that any vehicle/conveyance operating on a public road must obey all the same laws governing motor vehicles, ergo , yes you can be arrested for DUI on a horse, or a bicycle.
I assisted in a DUI on a bike arrest years ago here in Topeka, and the guy was convicted.

I have read about DUI arrests of horseback riders, and even of a guy on a lawn tractor.....
Reply
Old Sep 30, 2005 | 02:39 AM
  #8  
Dan Brooks's Avatar
Registered User
 
Joined: Sep 2002
Posts: 202
Likes: 0
From: Tucson, AZ
I have heard of DUI arrests for drunks on horseback, but have never seen anything to prove it. However, after reading the definition of "vehicle" according to Arizona Revised Statutes, I guess it would be possible, although I don't think a horse would really qualify as a "device:"

ARS 28-101.56. "Vehicle" means a device in, on or by which a person or property is or may be transported or drawn on a public highway, excluding devices moved by human power or used exclusively on stationary rails or tracks.

Arizona law doesn't specify "motor vehicle," just "vehicle:"

ARS 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:......


With the current state of our legal system, I seriously doubt a conviction could be obtained for DUI on a horse....
Reply
Old Sep 30, 2005 | 05:13 AM
  #9  
Chrisreyn's Avatar
DTR's Night Watchman & Poet Laureate
 
Joined: Jun 2004
Posts: 2,156
Likes: 1
From: Lyndon KS
After searching through the Rhose Island Statutes online, I found:

1)..... 31-1-3, (x) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.

2)..... § 31-27-2 Driving under influence of liquor or drugs. – (a) Whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor except as provided in subdivision (d)(3) and shall be punished as provided in subsection (d) of this section

AND THIS ONE!:

§ 31-12-10 Animals and animal-drawn vehicles. – Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by chapters 12 – 27 of this title, except those provisions of those chapters which by their very nature can have no application.

So DUI laws WOULD apply to a horse rider on a public road...

I realy liked this one, wish KS would adopt one like it:
§ 31-22-25 Approaching horses. – Each operator of a vehicle approaching a horse on a public highway shall reduce speed, proceed with caution and stop if necessary to avoid endangering the equestrian, or frightening or striking the horse. An operator violating the provisions of this section shall be guilty of a civil violation and, upon conviction, shall be fined not more than twenty-five dollars ($25.00) for the first offense nor more than fifty dollars ($50.00) for second or subsequent offenses.
AND
§ 31-22-26 Noise in vicinity of horse. – No operator of a vehicle in the vicinity of an equestrian and horse may blow a horn, or cause loud or unusual noises, in a manner to startle or frighten the horse. An operator violating the provisions of this section shall be guilty of a civil violation and upon conviction shall be fined not more than twenty-five dollars ($25.00) for the first offense nor more than fifty dollars ($50.00) for second or subsequent offenses.
Cant say how many times I have been "buzzed" by cars and trucks or had some idiot think it funny to see if they could scare my horse..... realy annoying when I am out on a green two year old
Reply
Old Sep 30, 2005 | 06:15 AM
  #10  
t-15 firefighter's Avatar
DTR's Self Appointed Beer Advisor
 
Joined: Apr 2003
Posts: 666
Likes: 0
From: On my way to Hell... Need a lift?
Check this out...

Click Here

There was also a man arrested in Harrison Ar. a few years back for riding a horse under the influence but I will have to find that story later.

Britt

Reply
Old Sep 30, 2005 | 07:30 AM
  #11  
durasmack's Avatar
Thread Starter
Registered User
 
Joined: Mar 2004
Posts: 688
Likes: 0
From: Maineville, Ohio
I thought the horse would do what it wants anyway.... the horse isnt going to run you into a wall if you tell it to because it doesnt really feel like running itself into the wall....

That was my thinking.

-Trey
Reply
Old Sep 30, 2005 | 08:21 AM
  #12  
TAS05CTD610's Avatar
Registered User
 
Joined: Feb 2005
Posts: 793
Likes: 0
From: West Warwick, RI
Wow

I didn't realize how bad this state was till that post. thanks Anyway yeah it's amazing what they can get you with now adays. I mean I can jump in front of a car and claim injury cause the driver failed to maintain vehicle control. Commmon...

I do agree if your passed out and the horse can get you home, that's no different than getting in a cab?? And the horse won't try to rob you either. Is cleaner burning, able to go through mud, snow ect, where a cab might leave you stranded. I think a horse is better than a cab anyway...



New Ride** Huffy single speed. Drum rear brakes, white basket, pink metalic paint, ringer bell, grips with the little stringers off them. Getting 500 pedals per mile. Sure it takes me 3 hours to get to work but it's worth it. Ahhhhh I hate gas prices
Reply
Old Oct 1, 2005 | 02:40 AM
  #13  
Chrisreyn's Avatar
DTR's Night Watchman & Poet Laureate
 
Joined: Jun 2004
Posts: 2,156
Likes: 1
From: Lyndon KS
Originally Posted by durasmack
I thought the horse would do what it wants anyway.... the horse isnt going to run you into a wall if you tell it to because it doesnt really feel like running itself into the wall....

That was my thinking.

-Trey
You dont ride do you.........

Yeah, you get one going and they'll run right into or over anything or anyone in their path.
Reply
Old Oct 1, 2005 | 06:59 AM
  #14  
Jim Lane's Avatar
Administrator
20 Year Member
Liked
 
Joined: Nov 2004
Posts: 4,084
Likes: 235
From: Southern California
Originally Posted by TAS05CTD610
I didn't realize how bad this state was till that post. thanks Anyway yeah it's amazing what they can get you with now adays. I mean I can jump in front of a car and claim injury cause the driver failed to maintain vehicle control. Commmon...

I do agree if your passed out and the horse can get you home, that's no different than getting in a cab?? And the horse won't try to rob you either. Is cleaner burning, able to go through mud, snow ect, where a cab might leave you stranded. I think a horse is better than a cab anyway...



New Ride** Huffy single speed. Drum rear brakes, white basket, pink metalic paint, ringer bell, grips with the little stringers off them. Getting 500 pedals per mile. Sure it takes me 3 hours to get to work but it's worth it. Ahhhhh I hate gas prices
Just hope if you have to go to court that the horse does not say he did not know you were on his back.

quote: I think a horse is better than a cab anyway...
At least he won't take you home via nigara falls.

Bananna seat and sissy bar?

Here you can get arrested for being drunk in your own front yard.
BTW I don't drink, never have never will.
Reply
Old Oct 1, 2005 | 01:25 PM
  #15  
newriverSpecon's Avatar
Registered User
 
Joined: May 2005
Posts: 487
Likes: 0
From: Missoula, Montana
[QUOTE=Dan Brooks]
ARS 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:......
[QUOTE]


Well it seems if your passed out in the saddle and the horse is wondering its way home your say. Or if you see a LEO drop the reins, Hence not in control. Although depending on the horse your never really in contol anyway.

Randy
Reply



All times are GMT -5. The time now is 10:03 PM.