Getting charged with a DWI (Driving While Intoxicated) for riding a horse might appear absurd. Nevertheless, it happens in many states where horses are a prevalent means of transportation. Moreover, in some states, DWI regulations govern road vehicles, including bicycles, cars, and golf carts.
And since a horse is not a water-based or road vehicle, many states like Louisiana have less stringent laws about being drunk on a horse or even a bicycle. Still, your demeanor can earn you other equally serious penalties.
On the other hand, using a lawnmower for any transportation purpose other than cutting the grass can make you eligible for a penalty under DWI laws. Nevertheless, you must remember that Louisiana is one of the few states with less stringent DWI laws for riding bicycles and horses. Keep reading below to learn more about Louisiana DWI laws and whether you can get a DWI on a horse, bicycle, or a riding lawnmower.
Can a person get DWI on a horse, bicycle, or a riding lawnmower in Louisiana?
DWI (Driving While Intoxicated) laws in Louisiana don't regulate individuals who ride horses or bicycles. A DWI charge for riding your horse intoxicated in Louisiana is not possible because a horse is not a motorized vehicle, but this doesn't imply a person is scot-free. In addition, if you ride a lawnmower on the road while intoxicated in Louisiana, you can get charged under DWI laws. This is because Louisiana DWI laws regulate the driving of motorized vehicles on Louisiana roads and bicycles without motors and horses are not motorized vehicles. Thus, people riding non-motorized bicycles and horses in Louisiana cannot be guilty of DWI.
Furthermore, for DWI purposes in Louisiana, an individual under 21 with a BAC (blood alcohol concentration) of approximately 0.02 percent or an individual over 21 with a BAC (blood alcohol concentration) of roughly 0.08 percent is lawfully intoxicated under Louisiana's regulations. And you can find the law overseeing DWI in Louisiana in Louisiana Revised Statute Section 14:98, which restricts driving a motor vehicle while intoxicated.
For instance, in 2015, a person near Baton Rouge got lawfully intoxicated at a liquor shop and rode on his horse to drive home. However, before he could reach home, a police officer caught the person galloping down a highway. The officer, acquainted with Louisiana DWI regulations, knew arresting the rider under DWI was not an alternative, so he marked him for public intoxication and directed a family member to pick the person up along with his assigned driver (the horse).
Understanding the applicable Louisiana DWI laws
Driving While Intoxicated, commonly known as DWI, is granted to any individual driving an automobile with a motor under the influence of drugs or alcohol and is impacted to the extent that the individual's decision or normal capabilities are impaired. In such cases, people can get a DWI on boats, scooters, or motorized skateboards.
In addition, your first DWI suit will be deemed a misdemeanor transgression if you are penalized with a DWI ticket in Louisiana. Your initial DWI will punish you with monetary damages, license suspension, community service, and possible probation. Nevertheless, other aspects can vary the level or nature of your DWI charge, resulting in enhanced penalties or sentences.
DWI penalties in Louisiana
A DWI (Driving While Intoxicated) is misconduct in Louisiana, with the highest penalty of six (6) months in prison. In addition, along with prison time, you could get a penalty of up to $1000.00. Moreover, the offense affects your driver's license and may cause a suspension of your driving rights.
● Fines: $300 to $1,000 penalty ($750 to $1,000 if blood alcohol concentration is 0.20 or higher )
● Driver's License Suspension: 1-year driver's license suspension (2 years if blood alcohol concentration is 0.20 or more).
● Prison time: 10 days to 6 months in jail. In addition, a first lawbreaker can obtain 48 hours to six months in jail.
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Gaynell Williams LLC, Attorney at Law, offers a free initial consultation to discuss your case. The first consultation can be in person, or it can be virtual on the Internet. Call Gaynell Williams today at (504) 302-2462 for a free consultation as soon as possible. We will work around your schedule. New Orleans lawyers Gaynell Williams LLC Attorney at Law, have offices in Gretna and Downtown New Orleans by appointment only.
This information has been provided for informational purposes, is not intended, and should not be construed as legal advice. Please consult your attorney regarding any specific situation under Louisiana law and the applicable state or local laws that may affect your legal rights.