South Carolina Criminal Attorney Blog

Man arrest in for DUI driving a horse and buggy

This is a good example of how Driving Under the Influence arrests extend to just about anything other than a car. The DUI statute here in South Carolina, and I assume all states, makes specific reference to operating a "motor vehicle." But the courts over the years have expanded that to include just about anything that can be, "operated" and moves. In Conway, SC recently a person was arrested on a bicycle and in Myrtle Beach, South Carolina, a lady was arrested for operating a golf cart under the influence.

In the horse and buggy arrest, it was an Amish man that was arrested in Lancaster, PA this week. A breath test of the driver resulted in an alcohol content of .18, which is considered quite high. The Amish prefer horses and buggies as their main form of transportation and in that part of the country its not uncommon to see them on the roads.

When you stop to think of the legislative intent behind the DUI laws, that is to protect people and keep the roads safe, it only makes sense that judges have extended the "motor vehicle" requirements to include anything that travels. I recently posted an article that made reference to a man that had mounted a motor to a bar stool and was arrested on that. I suppose it would be very unlikely that such a vehicle would pose much of a danger to the public, but its certainly possible that the driver himself could be injured.

I've seen or heard of cases where Driving Under the Influence cases involved jet skis, lawn mowers and even airplanes. For the defense attorney on these type cases, their jobs are basically the same and the same types of defenses are used. And the prosecutor's job is pretty much the same as well.