# Can an animal be DUI? And are you liable? **URL:** \ **Category:** Factual Questions\ **Created:** [January 4, 2011, 12:48pm UTC](https://boards.straightdope.com/t/can-an-animal-be-dui-and-are-you-liable/566352 "2011-01-04T12:48:39Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Quartz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quartz/32/267_2.png) [@Quartz](https://boards.straightdope.com/u/Quartz)\ **Post date:** [January 4, 2011, 12:48pm UTC](https://boards.straightdope.com/t/can-an-animal-be-dui-and-are-you-liable/566352/1 "2011-01-04T12:48:39Z")
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? ---
**Author:** ![Scubaqueen](https://avatars.discourse-cdn.com/v4/letter/s/c0e974/32.png) [@Scubaqueen](https://boards.straightdope.com/u/Scubaqueen)\ **Post date:** [January 4, 2011, 3:34pm UTC](https://boards.straightdope.com/t/can-an-animal-be-dui-and-are-you-liable/566352/2 "2011-01-04T15:34:31Z")
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. 😃 ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [January 4, 2011, 3:37pm UTC](https://boards.straightdope.com/t/can-an-animal-be-dui-and-are-you-liable/566352/3 "2011-01-04T15:37:17Z")
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? ---
**Author:** ![Quartz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quartz/32/267_2.png) [@Quartz](https://boards.straightdope.com/u/Quartz)\ **Post date:** [January 4, 2011, 3:52pm UTC](https://boards.straightdope.com/t/can-an-animal-be-dui-and-are-you-liable/566352/4 "2011-01-04T15:52:39Z")
> [@Boyo\_Jim](#): > > Are you asking whether you can be charged with DUI for riding a drunken horse? That’s part of it, yes. ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [January 4, 2011, 3:56pm UTC](https://boards.straightdope.com/t/can-an-animal-be-dui-and-are-you-liable/566352/5 "2011-01-04T15:56:45Z")
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). ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [January 4, 2011, 3:56pm UTC](https://boards.straightdope.com/t/can-an-animal-be-dui-and-are-you-liable/566352/6 "2011-01-04T15:56:47Z")
IANALawyer, but no. You were not under the influence, and no test results could support such a claim, unless both of you were drunk. ---
**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\ **Post date:** [January 4, 2011, 4:10pm UTC](https://boards.straightdope.com/t/can-an-animal-be-dui-and-are-you-liable/566352/7 "2011-01-04T16:10:53Z")
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. ---
**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\ **Post date:** [January 4, 2011, 4:16pm UTC](https://boards.straightdope.com/t/can-an-animal-be-dui-and-are-you-liable/566352/8 "2011-01-04T16:16:54Z")
> [@Diogenes\_the\_Cynic](#): > > 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). 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? ---
**Author:** ![Scubaqueen](https://avatars.discourse-cdn.com/v4/letter/s/c0e974/32.png) [@Scubaqueen](https://boards.straightdope.com/u/Scubaqueen)\ **Post date:** [January 4, 2011, 4:31pm UTC](https://boards.straightdope.com/t/can-an-animal-be-dui-and-are-you-liable/566352/9 "2011-01-04T16:31:44Z")
> [@Joey\_P](#): > > 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](http://ask.com) says the average saddle horse weighs about 700 to 1,000 pounds (close enough for our purposes). you guys do the math. ---
**Author:** ![FasterThanMeerkats](https://avatars.discourse-cdn.com/v4/letter/f/278dde/32.png) [@FasterThanMeerkats](https://boards.straightdope.com/u/FasterThanMeerkats)\ **Post date:** [January 4, 2011, 4:32pm UTC](https://boards.straightdope.com/t/can-an-animal-be-dui-and-are-you-liable/566352/10 "2011-01-04T16:32:17Z")
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! 😃 ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [January 4, 2011, 4:56pm UTC](https://boards.straightdope.com/t/can-an-animal-be-dui-and-are-you-liable/566352/11 "2011-01-04T16:56:49Z")
> [@Duckster](#): > > 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. 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. ---
**Author:** ![Morgenstern](https://avatars.discourse-cdn.com/v4/letter/m/f9ae1b/32.png) [@Morgenstern](https://boards.straightdope.com/u/Morgenstern)\ **Post date:** [January 4, 2011, 5:00pm UTC](https://boards.straightdope.com/t/can-an-animal-be-dui-and-are-you-liable/566352/12 "2011-01-04T17:00:15Z")
> [@Scubaqueen](#): > > 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. > … Or furnishing alcohol to a minor, that is, unless the horse is 21 years old. ---
**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\ **Post date:** [January 4, 2011, 5:00pm UTC](https://boards.straightdope.com/t/can-an-animal-be-dui-and-are-you-liable/566352/13 "2011-01-04T17:00:26Z")
> [@Boyo\_Jim](#): > > 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. Sounds like a job for the Mythbusters. ---
**Author:** ![Dogzilla](https://avatars.discourse-cdn.com/v4/letter/d/e480ec/32.png) [@Dogzilla](https://boards.straightdope.com/u/Dogzilla)\ **Post date:** [January 4, 2011, 5:06pm UTC](https://boards.straightdope.com/t/can-an-animal-be-dui-and-are-you-liable/566352/14 "2011-01-04T17:06:06Z")
> [@Morgenstern](#): > > Or furnishing alcohol to a minor, that is, unless the horse is 21 years old. Would those be counted in human years or horse years? ---
**Author:** ![Sigmagirl](https://avatars.discourse-cdn.com/v4/letter/s/c89c15/32.png) [@Sigmagirl](https://boards.straightdope.com/u/Sigmagirl)\ **Post date:** [January 4, 2011, 5:22pm UTC](https://boards.straightdope.com/t/can-an-animal-be-dui-and-are-you-liable/566352/15 "2011-01-04T17:22:35Z")
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. ---
**Author:** ![robert\_columbia](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)\ **Post date:** [January 4, 2011, 5:48pm UTC](https://boards.straightdope.com/t/can-an-animal-be-dui-and-are-you-liable/566352/16 "2011-01-04T17:48:20Z")
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). ---
**Author:** ![kenobi\_65](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kenobi_65/32/13178_2.png) [@kenobi\_65](https://boards.straightdope.com/u/kenobi_65)\ **Post date:** [January 4, 2011, 5:57pm UTC](https://boards.straightdope.com/t/can-an-animal-be-dui-and-are-you-liable/566352/17 "2011-01-04T17:57:33Z")
> [@Morgenstern](#): > > Or furnishing alcohol to a minor, that is, unless the horse is 21 years old. Officer: Just how old are you, son? Horse: _stomp_ _stomp_ _stomp_ _stomp_… ---
**Author:** ![Spiff](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spiff/32/9852_2.png) [@Spiff](https://boards.straightdope.com/u/Spiff)\ **Post date:** [January 4, 2011, 5:59pm UTC](https://boards.straightdope.com/t/can-an-animal-be-dui-and-are-you-liable/566352/18 "2011-01-04T17:59:04Z")
Do you need an answer fast? ---
**Author:** ![kanicbird](https://avatars.discourse-cdn.com/v4/letter/k/5f8ce5/32.png) [@kanicbird](https://boards.straightdope.com/u/kanicbird)\ **Post date:** [January 4, 2011, 6:08pm UTC](https://boards.straightdope.com/t/can-an-animal-be-dui-and-are-you-liable/566352/19 "2011-01-04T18:08:10Z")
From this it seems like for the animal the drink is removed by force and they are sent home by the authorities: [http://www.wtopnews.com/index.php?nid=456&sid=620430](http://www.wtopnews.com/index.php?nid=456&sid=620430) ---
**Author:** ![Chessic\_Sense](https://avatars.discourse-cdn.com/v4/letter/c/7c8e57/32.png) [@Chessic\_Sense](https://boards.straightdope.com/u/Chessic_Sense)\ **Post date:** [January 4, 2011, 6:43pm UTC](https://boards.straightdope.com/t/can-an-animal-be-dui-and-are-you-liable/566352/20 "2011-01-04T18:43:35Z")
Two words: Never. Again. [Next page](https://boards.straightdope.com/t/can-an-animal-be-dui-and-are-you-liable/566352.md?page=2)