December 12, 2012 (Press-News.org) Yes, you can get a DUI for riding a horse drunk in Kentucky
Police in Jessamine County, Kentucky recently arrested a man for DUI who was operating a non-motorized vehicle while his blood alcohol level was twice the legal limit. However, the story is much more unusual than it seems--the non-motorized vehicle was actually a horse.
The suspect said that he was trail riding with some friends near his home. Police arrested him after he allegedly staggered while getting off his horse. The suspect, a diabetic, blames the allegedly incident on being light-headed due to a high sugar level. However, the arresting officer found marijuana, several beers and a jar of moonshine in his possession.
Chief Deputy Allen Peel told CBS News, "It's a very unique case, but he could have swerved into a car, causing danger to himself and others."
Non-motorized vehicle drunk driving laws
Although this case may seem unusual, Kentucky drunk driving laws do address the operation of non-motorized vehicles--such as horses, bicycles or skateboards--while under the influence of intoxicants or other substances that may impair a person's driving ability.
There are certain presumptions in Kentucky's drunk driving laws for non-motorized vehicles that can affect the determination of whether the suspect is guilty of innocent of DUI.
If the suspect's blood alcohol concentration is less than .05, there is a legal presumption that the person was not operating the non-motorized vehicle while under the influence of alcohol. On the other hand, if the suspect's blood alcohol concentration is .08 or above, it is legally presumed that the suspect was operating the non-motorized vehicle under the influence of alcohol.
However, if the suspect's blood alcohol level is greater than .05, but less than .08, there is no legal presumption that the suspect was or was not under the influence of alcohol. However, that the suspect had a blood alcohol level in this range can be considered with other evidence in determining the guilt or innocence of the suspect.
Those convicted of operating a non-motorized vehicle while intoxicated face much lighter penalties that are similar to traffic violations. Those who are convicted face a fine of not less than $20 but not more than $100 for each offense. Of course, the penalties for DUI while driving a motor vehicle are much more severe.
Consult an attorney
Whether it involves a motorized or non-motorized vehicle, drunk driving can put yourself and others at risk of harm needlessly. If you have been arrested for DUI, contact an experienced criminal defense attorney. An attorney can advise you of your rights, formulate a strong defense and work to minimize the negative repercussions from the charges.
Article provided by Claycomb & Kidd, PLLC
Visit us at http://www.kiddlawoffices.com
Yes, You Can Get A DUI For Riding A Horse Drunk In Kentucky
There are certain presumptions in Kentucky's drunk driving laws for non-motorized vehicles that can affect the determination of whether the suspect is guilty of innocent of DUI.
2012-12-12
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[Press-News.org] Yes, You Can Get A DUI For Riding A Horse Drunk In KentuckyThere are certain presumptions in Kentucky's drunk driving laws for non-motorized vehicles that can affect the determination of whether the suspect is guilty of innocent of DUI.