I know that you can be done for DUI if you are drunk and the animal is not (e.g. riding a horse), but what if it is you that is sober and the animal (e.g. a horse) that is drunk?
My guess is if the local law enforcement contingent caught up with you and determined the animal was impaired, you might be liable for animal cruelty charges if nothing else.
I’d be willing to bet too that the officer just might dig for a couple more charges to throw at you just because. i know** I** would.
Are you asking whether you can be charged with DUI for riding a drunken horse? Or are you asking whether you are responsible if your drunken horse runs right into a barn wall and damages the building?
That’s part of it, yes.
I doubt you could be charged with DUI, but you could be charged with animal cruelty, and you certainly could be held civilly liable for any damages you caused (assuming you’re the one who got the horse drunk).
IANALawyer, but no. You were not under the influence, and no test results could support such a claim, unless both of you were drunk.
How do you test if the animal was legally drunk? Is there a medical test available? Does the law account for animal DUI? Without the proper medical and legal framework in place, it’s not possible. As other have mentioned, however, your behavior and your treatment of the animal does fall within current law(s) and you could be charged accordingly.
What if it wasn’t you that got the horse drunk in the first place? Maybe you just happened upon this drunken horse and decided to take it for a spin (confirmed by CCTV). Or are you saying that the actual riding of a drunken horse would be animal abuse?
IANAL, but introducing a mind-altering substance to an animal who neither understands nor encourages said substance in the first place and might be physically harmed either by consuming it or suffering the effects of it sure sounds like abuse to me.
not to mention, just how much booze would a horse have to consume in the first place to become intoxicated - preferably without killing it??
ask.com says the average saddle horse weighs about 700 to 1,000 pounds (close enough for our purposes). you guys do the math.
What if Quickdraw McGraw accosted you in a dark alley, booze in hoof, and demanded that you ride him? Then it’s more like assualt and kidnapping on his part.
Straight to the glue factory!
I’m reasonably sure the blood alcohol level of a horse could be tested, but at what level does it become unsafe for the horse to operate a motor vehicle? I don’t think there’s a firm rule on that.
Or furnishing alcohol to a minor, that is, unless the horse is 21 years old.
Sounds like a job for the Mythbusters.
Would those be counted in human years or horse years?
I’m sure there have been cases where animals have eaten grapes or corn that has fermented. If you see that a horse has done something like this and knowingly take advantage of it, I would think you are liable; a person who rides a horse must have reasonable expectation that he is able to control the horse. Obviously, stuff happens; the horse might be frightened by something and react, but if you are riding the horse knowing that its reflexes are impaired, it’s your fault.
They might be able to get you for Reckless Driving, the gravamen of which I believe is that you were criminally reckless to the point of seriously endangering life. Now, I don’t know if all jursidictions permit this charge for non-motor vehicles (horseback riding, buggies, bicycles, etc).
Officer: Just how old are you, son?
Horse: stomp stomp stomp stomp…
Do you need an answer fast?
From this it seems like for the animal the drink is removed by force and they are sent home by the authorities: