Can you Get a DUI on Horseback?

I was recently contacted by a potential client with a unique question about a DUI case.  He wanted to know if it was possible to get a DUI while riding a horse.  I thought a unique question deserved a blog post, so here is my response for everyone's benefit.

 To be convicted of a DUI in the State of Idaho, you have to be in control of a motor vehicle.  The Legislature has defined being in control of a motor vehicle to include sitting in the driving position with the car running, whether or not the vehicle is in gear.  This obviously includes someone who is driving a vehicle.  But you should also know that Idaho courts have consistently ruled that if you are sitting in the driver's seat and the car is on, you are deemed to be in control of the vehicle.  Sometimes, unfortunately, a client is trying to sleep off their alcohol consumption and have the car on simply for heat.  In cases like that, the Courts are likely to determine that the person behind the wheel is in control of the vehicle and would allow the prosecutors to proceed with a DUI charge.

So, to answer the question originally asked, a horse is not a motor vehicle.  If you are intoxicated over the legal limit and riding horseback, you cannot be found guilty of a DUI.  Additionally, you would not be subject to any driver's license suspension from the Idaho Department of Transportation.

So, if you have the choice of driving your car or riding a horse, you should choose to ride your horse.