Can You Get a DUI for Riding a Horse Drunk in Georgia?

Georgia DUI Law and Horseback Riding

Georgia’s DUI law is notably broad. O.C.G.A. § 40-6-391 makes it illegal to “drive or be in actual physical control of any moving vehicle” while under the influence of alcohol or drugs. Unlike some states that specify “motor” vehicles, Georgia uses “any moving vehicle,” casting a wide net. In fact, Georgia law defines “vehicle” as “every device in, upon, or by which any person or property is or may be transported or drawn upon a highway,” except those on stationary rails. That definition might not immediately bring a living animal to mind, but another Georgia statute fills the gap. Under O.C.G.A. § 40-6-4, anyone riding an animal on a roadway has the same rights and duties as a driver of a vehicle (except provisions that obviously don’t apply). In short, a person on horseback in Georgia is subject to the traffic laws just like a person behind the wheel. And since DUI is a traffic law, yes – a drunk horseback rider can fall within Georgia’s DUI statute.

Georgia courts have acknowledged this interpretation. For example, courts have applied DUI laws to people operating horse-drawn buggies on public roads in rural Georgia. Riding a saddled horse isn’t a far leap from a horse-drawn wagon in the eyes of the law. The phrasing “any moving vehicle” in the DUI statute is key, and Georgia’s law doesn’t give a free pass to non-motorized transport. In practice, prosecutors in Georgia will pursue DUI charges against someone riding a horse if they’re found intoxicated. One wrinkle is the legal principle of “fair warning” – laws must be clear enough that an average person would know an act is illegal. Could someone argue they didn’t realize a horse counts as a vehicle? Possibly, and the idea even comes from a famous case (McBoyle v. U.S., 283 U.S. 25 (1931)) about whether an airplane counted as a “motor vehicle.” Georgia’s own code echoes this fair warning rule (O.C.G.A. § 16-1-2(2)). However, unless a Georgia court explicitly carves out an exception for horseback DUIs on that basis, riders should assume the DUI law does apply. In other words, don’t expect “I was on a horse, not in a car” to get you off the hook in Georgia.

Horseback DUI Incidents in Georgia

Theory aside, Georgia has indeed seen DUI arrests on horseback. A case in point: in 2019, two men in Tunnel Hill, Georgia decided to ride their horses home after spending the day drinking and watching NASCAR. The result? They were arrested and charged with DUI after riding their horses on a highway while legally drunk. According to a local news report, the citation even listed the make of the “vehicle” as a bay mare (a breed of horse) and the style as horse. In their post-arrest interviews, the men admitted they only bought the horses in the first place to have a ride when they were too drunk to drive – an attempt to sidestep DUI laws that clearly failed. This real-world example shows Georgia officers and courts are willing to treat a drunk rider the same as a drunk driver.

What penalties can a horseback DUI carry in Georgia? Largely the same as a standard DUI in a car. Under Georgia law, a first DUI offense (usually a misdemeanor) can mean up to 12 months in jail, fines up to $1,000, and other consequences. Riders won’t get a free pass on those penalties just because the “vehicle” had four legs instead of four wheels. There is one slight difference: because no driver’s license is required to ride a horse, a DUI on horseback typically won’t trigger a license suspension in Georgia (license suspensions under O.C.G.A. § 40-6-391 are generally tied to motor vehicle use). But that’s cold comfort – a conviction will still go on your criminal record and even counts as a prior DUI if you later get one in a car. Moreover, authorities could tack on animal-related charges. If an intoxicated rider is abusing or endangering the horse, they might face animal cruelty or neglect charges in addition to DUI (as happened in at least one Florida case). The bottom line in Georgia is that riding your horse after drinking is treated as a serious offense, not a clever loophole.

How Other States Handle “Drunk Horse” DUIs

Georgia isn’t alone in grappling with this odd scenario. Different states take different approaches – some explicitly forbid riding an animal while intoxicated, while others limit DUI laws to motor vehicles. Here’s a look at how a few other states deal with riding a horse under the influence, and how their laws or courts compare to Georgia’s:

California: California law takes a similar stance to Georgia’s. State law says that anyone riding or driving an animal on a public road has the same obligations as a motor vehicle driver. In fact, California Vehicle Code § 21050 explicitly applies the “rules of the road” (including DUI laws) to persons riding animals on highways. California courts have upheld this interpretation; for example, an appellate court in People v. Fong noted that horseback riders are subject to DUI statutes just like car drivers. And yes, Californians have been arrested for DUI on horseback. In September 2023, a man in Merced, CA was pulled over while riding his horse with an open container of alcohol; he was arrested for DUI, and a California Highway Patrol officer even escorted the riderless horse home in a patrol car procession. The CHP later reminded the public that the same DUI laws for drivers “also cover people riding animals” – “impaired riding, even on a horse, poses risks to both the rider and others on the road,” the agency warned.

Kentucky: In Kentucky, riding a horse while drunk will also run afoul of DUI laws, and the state has gone so far as to create a separate provision for it. Kentucky Revised Statutes § 189.520 makes it illegal to “operate a vehicle that is not a motor vehicle” anywhere in the state while under the influence. In other words, Kentucky directly prohibits drunk driving of non-motorized vehicles – covering everything from bicycles to horse-drawn buggies to horseback. One Kentucky man learned this the hard way. In a 2019 report, a 55-year-old man was arrested in Kentucky for DUI on a horse after leaving a party; his blood alcohol was over twice the legal limit, and he had several beers and even moonshine in his saddlebag. He tried to argue a horse isn’t a motor vehicle, but Kentucky law didn’t require it to be – the statute accounted for non-motor vehicles specifically. Along with the DUI charge, he was also hit with drug and paraphernalia charges when deputies found marijuana on him. Kentucky’s approach is likely influenced by its horse culture; not only does the state cover horseback DUIs, it even has laws banning racing horses on highways. The lesson in Kentucky: drunk on a horse is treated much like drunk in a car, by statute.

Florida: Florida, like Georgia, interprets DUI laws broadly to include horses. Florida’s DUI statute (Fla. Stat. § 316.193) prohibits driving under the influence in a vehicle, and Florida defines “vehicle” in a broad way (essentially any device for transport on a highway, excluding rails). More tellingly, Florida law explicitly states that anyone riding an animal on the road is subject to the same duties as a motor vehicle driver (except for inapplicable rules). In practice, Florida authorities have charged people with DUI for horseback riding. A notable case occurred in Polk County, Florida, in 2017: a 53-year-old woman was found riding her horse down a busy highway while extremely intoxicated. Her blood-alcohol content was 0.161 (twice the legal limit), and deputies arrested her for DUI. She was also charged with animal neglect for putting the horse in danger on the road. The local sheriff didn’t find anything amusing about the situation, emphasizing that she not only risked herself and her horse, but also motorists on the highway. Florida has seen other such incidents (even one in 2012, according to news reports), and the law there treats a drunk rider as seriously as a drunk driver.

Pennsylvania: Pennsylvania stands out as a state where a drunk horse rider might escape DUI charges – not because it’s safe or encouraged, but because of a quirk in the law that courts have identified. Pennsylvania’s DUI law historically applied to anyone driving a “vehicle” under the influence. While the state, like many others, had a statute saying that traffic rules apply to riders of animals, the Pennsylvania courts found this scheme problematic. In 2004, the Pennsylvania Supreme Court confronted a case of two men charged with DUI for riding their horses on a public road while drunk (Commonwealth v. Noel, 857 A.2d 1283 (Pa. 2004)). The court ultimately ruled that the DUI law could not be enforced against horseback riders, because the way the law was written was unconstitutionally vague in that context. The vehicle code said riders of animals must follow the vehicle laws except those that by nature don’t apply – but the court said it was too confusing to decide which provisions apply to a horse and which don’t. In other words, an ordinary person might not have fair notice that the DUI statute would cover horseback riding. The result of the Noel case was that the DUI charges against the riders were thrown out, and Pennsylvania authorities were essentially told that DUI on a horse isn’t covered by the statute as written. (Not all the justices agreed – one dissenting justice argued that “an ordinary person of common intelligence would know that riding a horse while intoxicated” is illegal, equating a horse to a car in terms of road rules. But the majority disagreed.) Since that ruling, Pennsylvania’s DUI law hasn’t been expanded by the legislature to include horses, so in PA a drunk horseback rider typically couldn’t be convicted of DUI. They could, however, face other charges like public intoxication or animal cruelty if the circumstances warrant – so it’s by no means condoned. It’s just that Pennsylvania’s definition of “vehicle” and its traffic code didn’t clearly rope in horses the way Georgia’s does.

As these examples show, many states do treat riding under the influence on horseback as an offense, either through broad “vehicle” definitions (like Georgia, California, Florida) or explicit statutes (like Kentucky). A few jurisdictions, due to wording or court decisions, don’t include horses in DUI laws (Pennsylvania being a prime example). And in some states with “motor vehicle” language (such as perhaps Montana or Wyoming), a horse might not qualify for DUI, though you could still land in legal trouble via other statutes. Always check the specific wording of your state’s law – but as a rule of thumb, don’t assume that being on a horse instead of in a car will keep you out of a DUI charge.

Conclusion: Takeaways for Georgia Residents

For residents of Georgia, the law is clear: you can get a DUI while riding a horse. Georgia’s DUI statute applies to any vehicle, and state law explicitly puts horseback riders under the same rules of the road as drivers. If you decide to saddle up while impaired, you risk arrest and prosecution just as if you were behind the wheel of a car. The penalties – criminal record, hefty fines, possible jail time – will follow you, even if your driver’s license might be spared in a non-motor vehicle incident. Georgia’s approach is mirrored in states like California and Florida, which likewise prosecute “DUI on a horse,” and even Kentucky has special laws to address it. While one or two states have found loopholes in wording, don’t expect any leniency in Georgia on that basis. The overarching goal of DUI laws is public safety, and that includes the safety of the intoxicated rider, the horse, and everyone else on the road. Riding a 1,000-pound animal into traffic while drunk can be just as hazardous as driving a vehicle – and Georgia law recognizes that.

If you wouldn’t drive a car drunk, don’t ride a horse drunk. There’s no Georgia law exemption for “RUI” (riding under the influence). Instead of a quaint tale, you could end up with handcuffs and a DUI charge. Georgia residents who enjoy horseback riding should do so sober or find a safe alternative way home. In the realm of DUI enforcement, Georgia isn’t horsing around – even a cowboy can get a DUI.