Posted by duijim in on May 14, 2026
Under Georgia’s law, a horse can get you arrested for a DUI Georgia law allows for a man to be arrested for a DUI while riding a horse! If you think of someone being arrested for driving while intoxicated, you likely picture them driving down Georgia 400 or the traffic stop near the Connector after a night out. However, for those living close to the equestrian estates of Milton or on weekend rides near Chastain Park, the ride of a drunken girl on a horse can result in serious criminal charges – including fines, suspended license and even jail sentences. Georgia’s DUI laws are extremely broad and it is important to know how to apply them to non-motorized transportation for those who believe a horse is an acceptable substitute to a designated driver.
You need to examine the definition of a vehicle under the law and the duties of a rider in order to understand why this is the case. It is unlawful to operate or be in actual physical control of any motor vehicle when affected by alcohol, or when the person’s ability to do so is impaired by the influence of alcohol. (Georgia Code 40-6-391) The statute refers to “any moving vehicle,” which is not a motor vehicle. That definition may not come to mind of a living animal, but another Georgia law does. Official Code of Georgia Annotated Section 40-6-4 makes the following changes: The person operating an animal on a roadway shall have all the rights and shall be subject to all the duties of the driver of a vehicle. To put it another way: A person on a horse in a public road in Georgia is governed by the same road traffic laws that govern a person operating a truck on a public road in Georgia. Drunk horseback riders are in the sights of local law enforcement since DUI is a traffic law.
If you are galloping an unsteady pace down a road, ignoring stop signs or appear visibly intoxicated, a stop sign is a full lawful authority for the local police officer to pull you over. They may request that you get off the vehicle and walk through field sobriety exercises on the shoulder. If you score a 0.08 or above or if the officer feels you are not safe to drive your horse, you will be in handcuffs! In addition to the DUI charge, officers may also have additional charges, such as public intoxication, disorderly conduct or even animal cruelty, if they believe the horse was in danger. One day, a seemingly innocent ride can become a complicated legal issue involving a loss of freedom, and a loss of your permanent record.
To argue against this very unusual actual physical control case, one must have a detailed knowledge of the statutes. This is why having an experienced Atlanta DUI Lawyer is important, as he will be able to break down the prosecution’s sweeping definition of a moving vehicle. A proficient defense is to question if the place of the arrest is actually a roadway, and/or question the reasons for the initial stop. In addition, performing a field sobriety evaluation directly after being dismounted from a tall, moving animal is highly subjective, medically dubious and subject to litigation.
Attorney James Yeargan has spent his career challenging poor enforcement practices and has defended the rights of drivers and riders. With an equestrian DUI, you cannot count on just how bizarre the circumstance to work for you before a judge. These cases are taken seriously by prosecutors because they have to consider them under the strictest aspects of public safety on shared roads. A top DUI Attorney Atlanta will understand how to vigorously attack the prosecution evidence, whether it is the way the breathalyzer is calibrated or the legal intricacies of Section 40-6-4. When you have been charged with a crime after a crime in Milton or in the vicinity of Chastain Park, the only way to keep your record, money and reputation clean is to have a highly qualified lawyer on your side.