Can You Get a DWI on a Horse in North Carolina?

It sounds like a joke, but it is a question people actually ask:
Can you get a DWI for riding a horse while impaired in North Carolina?

The short answer today is no, but that was not always the case.

What North Carolina’s DWI Law Says

Under N.C. Gen. Stat. § 20-138.1, it is illegal to operate a vehicle on a public street, highway, or vehicular area while impaired.
The key term is vehicle.

North Carolina law defines a vehicle as “every device in, upon, or by which any person or property is or may be transported or drawn upon a highway.”
That includes cars, trucks, motorcycles, and even golf carts.

The question has always been whether a horse counts as a “vehicle.”
And for a while, the courts said yes.

The Case That Started It: State v. Dellinger

In State v. Dellinger, 73 N.C. App. 685 (1985), the defendant was charged with DWI after riding his horse home from a tavern with a blood-alcohol concentration of 0.18.
The North Carolina Court of Appeals upheld his conviction, ruling that a horse did qualify as a vehicle under the DWI statute at that time.

The court reasoned that the statutory definition of “vehicle” was broad enough to include a horse, even though it was a living creature.
So in 1985, a person could legally be convicted of DWI for riding a horse while intoxicated in North Carolina.

The Legislature Steps In

That decision did not sit well with lawmakers or the public.
In 1989, the General Assembly amended § 20-138.1 to add subsection (e), which clarified that the term “vehicle” does not include a horse.

This amendment effectively reversed Dellinger.
From that point forward, riding a horse while impaired could no longer be prosecuted as DWI under North Carolina law.

You can read more background in the UNC School of Government’s post, “A Horse Is a Horse (Of Course), but Is It Also a Vehicle?”.

You Can Still Be Charged With Something Else

Even though a horse no longer counts as a vehicle for DWI purposes, that does not mean you are in the clear.
Depending on what happens, you could still face other charges such as:

• Public Intoxication under N.C. Gen. Stat. § 14-444

• Animal Cruelty if the horse is endangered

• Disorderly Conduct or Resisting an Officer if the situation escalates

So while you cannot lose your license for DWI on a horse, you can still find yourself in court, and your horse might need a ride home.

Other States Take a Different View

North Carolina is now one of several states that exclude horses from their DWI statutes.
Others, including Kentucky, Pennsylvania, and Florida, have broader definitions that allow for DUI charges against riders.

In North Carolina, the 1989 amendment keeps horses outside the DWI statute, but that does not make riding drunk a good idea.

The Smarter Move

Riding a horse home from the bar might seem like a creative way to avoid a DWI, but it can still lead to serious consequences.
If you have had too much to drink, the safest move is to call a friend, a rideshare, or a cab, not your horse.

At Stowe Law Firm, PLLC, we help clients across North Carolina navigate complex DWI and traffic cases every day.
If you are facing an impaired driving charge, our team knows the law, the courts, and the strategies that get results.

Contact Stowe Law Firm today to talk about your case and protect your record.