Drunk on a Horse in North Carolina: Can You Really Get a DUI? The Law is Clear

The buzz is huge: A simple question is stirring up North Carolina and social media: Can you be ticketed for Driving Under the Influence (DUI) when you are in control of a horse? Yes, this unusual situation is more than just a joke.

We have the definitive legal answer. Here is exactly what North Carolina law says about riding a horse over the blood alcohol limit, and what riders actually risk.

The Unexpected Legal Verdict: Yes, But It Is (No Longer) Not a DUI

If you've seen the question circulating, here is the answer that ends the debate:

No, in North Carolina, you CANNOT be charged with a DUI (or DWI, Driving While Impaired) for riding a horse while intoxicated.

Why this surprising exception?

The state's impaired driving laws (N.C. Gen. Stat. § 20-138.1) define the offense as driving a “vehicle” on a public highway. However, the North Carolina General Statutes were explicitly modified to create an exception:

"Notwithstanding the definition of “vehicle” […] for the purposes of this section, the word 'vehicle' does not include a horse."

This clarity makes North Carolina a legal outlier compared to some states, like Florida or Kentucky, where a horse is considered a means of transportation and DUI charges are possible.

A Law Born from a Famous Anecdote (Case Law)

This point of law stems from a famous case. In the historic State v. Dellinger case in 1985, the State Court of Appeals initially ruled that a horse was a “vehicle” for the purposes of the DWI statute.

Following that ruling and the absurdity it raised, the North Carolina General Assembly intervened in 1989 to amend the law and explicitly exclude the horse from the definition, thereby overturning the Dellinger case law for DWI charges.

Attention Rider: What You Really Risk

Just because you escape the DUI does not mean that intoxication on horseback is without legal consequence. Law enforcement can still resort to other charges to ensure public safety.

• Public Intoxication: If you are drunk and disruptive in public – for example by blocking traffic on a public road or interfering with access – you can be charged with a Class 3 misdemeanor (N.C. Gen. Stat. § 14-444).

• Reckless Driving: The horse is still considered a "vehicle" in the general sense for traffic law enforcement. If your inability to control the animal due to your state endangers the lives of pedestrians, motorists, or your own, a reckless operation charge remains possible.

• Animal Cruelty: If your impaired control of the animal puts the horse itself in danger or causes it injury, you could face charges of neglect or animal cruelty.

The takeaway: Drinking and riding may not cost you your driver's license in North Carolina, but it can still land you in court, and your horse might need a lift home.