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Austin Texas DUI arrest of two on horseback raises national discussion about getting a DUI on a horse?

Can you get a DUI on a horse?
The short answer is it depends. In Texas, you can technically get a DUI on a horse although the two men arrested for DUI after riding their horses while intoxicated had their DUI charges reduced to public intoxication. In Montana, the answer is no and Montana has a public service announcement with a person riding a horse home as his designated driver.  A review of Georgia case law reveals no examples of Georgia DUI arrests on horseback.

In Georgia, you can get a DUI on any “vehicle”. Under Georgia law, a vehicle is broadly defined as any device used to transport persons, not on fixed rails. So it would appear that riding lawn mowers, electric wheelchairs, bikes, skateboards are all fair game. Georgia also has an unusual statute that applies all rights and responsibilities of vehicular transportation to animals. O.C.G.A. Sec. 40-6-4, provides, “Every person riding an animal or driving an 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 this chapter, except those provisions of this chapter which by their very nature can have no application.” It does not appear that a DUI by its very nature can have no application to horseback riding but it is open for argument.  The short answer is yes it appears you can get a DUI on a horse in Georgia.

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