North Carolina

Can you get a DWI while riding a horse in NC? Surprisingly, here’s what the law says

Therapy mini horse, Kiwi, smiles on command for a treat from his owner, Tara Needham, at their Raleigh home on Thursday, Aug. 5, 2021. Kiwi recently starred in the film, “Reggie,” that addresses mental health issues.
Therapy mini horse, Kiwi, smiles on command for a treat from his owner, Tara Needham, at their Raleigh home on Thursday, Aug. 5, 2021. Kiwi recently starred in the film, “Reggie,” that addresses mental health issues. jleonard@newsobserver.com

A TikTok of a Charlotte-area man sitting on a horse outside an ABC store while drinking a beer went viral last month, receiving nearly 3 million likes.

In the video — filmed in Mint Hill, a town a dozen miles east of Charlotte — the man makes a claim that seems to surprise onlookers.

“You cannot get a DUI on a horse in the state of North Carolina,” the man says. “Look it up. Look it up. I could’ve gotten a DUI when I did my buggy, but I cannot get a DUI on a horse.”

Is he right? Can you avoid driving while intoxicated charges if you’re on horseback? We looked it up.

@cbreeezy95

Look it up

♬ original sound - Christian Braswell

Can you get a DWI on a horse in NC?

North Carolina’s impaired driving law excludes horses, meaning you cannot be charged with a DWI while riding one, according to The Law Offices of J. Scott Smith based in Greensboro.

“North Carolina can’t bust a person who is impaired on a horse,” the firm’s website says. “I guess the folks in Raleigh feel that the horse is probably not stupid enough to let its rider make it do something it knows better than to do.”

Can horses find their own way home?

If a rider is too intoxicated to direct their horse, they may still be able find their way home due to some surprising skills, according to certified horse trainer Lynn Acton:

  • Their sense of smell is exceptional.

  • Their exceptional visual memories enable them to remember anywhere they’ve been and deduce additional information from there.

  • They navigate using magnetic fields.

“In any case, there are distinct variations,” Acton says. “Some horses stick to paths. Some set a direct course, which sometimes proves impassable. Others appear to have no idea which way to go.”

Can you be charged with other crimes on a horse in NC?

While DWIs are out of the question, those on horseback could be charged with other crimes, such as impeding traffic or trespassing, Greensboro police officer J.B. Price told WFMY News in Greensboro.

And since horses are considered vehicles for certain purposes, a person could potentially be charged with reckless driving or speeding while on horseback, according to the UNC School of Government.

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This story was originally published November 12, 2024 at 11:08 AM with the headline "Can you get a DWI while riding a horse in NC? Surprisingly, here’s what the law says."

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Evan Moore
The Charlotte Observer
Evan Moore is a service journalism reporter for the Charlotte Observer. He grew up in Denver, North Carolina, where he previously worked as a reporter for the Denver Citizen, and is a UNC Charlotte graduate.
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