It may sound unusual, but the question of whether you can get a DUI while riding a horse is actually quite nuanced, especially in Pennsylvania. Keep reading for more from our skilled Pennsylvania DUI lawyers.
Pennsylvania’s DUI laws and definitions
Under Pennsylvania law, the state’s DUI statute (75 Pa.C.S. § 3802) specifically applies to “vehicles,” not “motor vehicles.” This distinction is crucial. Pennsylvania defines a “vehicle” as “every device in, upon or by which any person or property is or may be transported or drawn upon a highway,” with some exceptions.
Horses as vehicles: The legal perspective
Horses don’t fit neatly into this definition. In fact, Pennsylvania courts have historically treated horses differently than mechanical vehicles. The Pennsylvania Supreme Court established in Commonwealth v. Bartman that animals are not considered vehicles under Pennsylvania law for DUI purposes.
This means that, technically speaking, you cannot be charged with a traditional DUI while riding a horse in Pennsylvania, even if intoxicated.
Alternative charges for intoxicated horse riding
However, this doesn’t mean you can ride a horse while intoxicated without legal consequences. Pennsylvania has other applicable laws:
- Public intoxication laws (18 Pa.C.S. § 5505) could apply if you’re visibly drunk while riding a horse in public.
- Reckless endangerment (18 Pa.C.S. § 2705) might be charged if your intoxicated horseback riding creates a substantial risk of injury to others.
- Animal cruelty laws (18 Pa.C.S. § 5533) could be relevant if your impaired state leads to mistreatment of the horse.
State-by-state variations
Pennsylvania’s approach differs from some other states where horses explicitly qualify as vehicles under DUI laws.
Seeking legal help
If you’re facing charges related to operating any form of transportation while impaired in Pennsylvania, contacting a knowledgeable Pennsylvania attorney is essential. Every case has unique circumstances that can significantly impact legal outcomes.
Kellis Law Firm understands the complexities of Pennsylvania’s transportation and intoxication laws and can provide the guidance needed to navigate these unusual legal situations. Contact us online or call (215) 977-4183 to schedule your free consultation today.