A viral video shows a man intoxicated, drinking a beer, while riding a horse. He claims he can't get a Driving While Intoxicated charge. What does the law actually say?

This video is a few years old, but I decided to look into the Texas law on the matter. This man is from Alabama who claims the state can not legally give him a DWI since he's riding around on horseback. The video description also claims that other states have similar laws.

Texas Laws on Driving While Intoxicated

To be found guilty of driving while intoxicated, you must have driven a motor vehicle on public roadways while intoxicated. The state of Texas officially defines a motor vehicle as "a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks." Some in Texas have even argued that horses and bicycles(without motors) are exempt from the law from the language being too vague in Texas. However, you can face other charges from the law if you're caught on horseback while intoxicated.

You Could Be Charged With Public Intoxication

A less serious charge than DWI in Texas is public intoxication. Which the state defines as "when a person who has been drinking proves to be a danger to himself or a danger to others." Public Intoxication is included in the lowest category for criminal offenses. It is a Class C misdemeanor, which carries the possibility of up to a $500 fine with no incarceration time. Meanwhile a DWI is a Class B misdemeanor, carrying potential penalties of up to $2,000 in fines, 3 to 180 days in jail, and a license suspension of up to one year for your first time being charged. So you may not get a DUI on a horse, but you could get charged with public intoxication instead.

Animal Endangerment Charges

The more severe charge you could get while being intoxicated on a horse, could be an animal endangerment charge. If while riding the horse, you're putting it's life at risk, you could face a charge of a State Jail Felony for cruelty to livestock animal, causing serious bodily injury.

Civil Liability

Although you could not be charged criminally with DUI while on horseback. Any damage you do while riding home on horseback to someone's property or injuring another person, you could still face a lawsuit from the damaged party.

In conclusion, getting a safe ride home is the more reasonable thing to do than getting on top of Sea-biscuit. Technically, you can't get a DWI in Texas. However, the law can charge you with other things to still cause you legal headaches. Always best to call for a ride instead.