Police arrested an Amish man for driving his horse cart while under the influence last night. The man was reportedly asleep behind the reins in a slow moving buggy. Police responded to the buggy when an off-duty officer called in. The off-duty officer noted that the buggy was straddling the center line and that the horse was walking slowly.
Police had to bang on the buggy door to wake up the Amish man who had passed out. The man had bloodshot and watery eyes, showed signs of intoxication, and smelled of alcohol. Police report that the man had a breath alcohol reading of 0.18.
If this had happened in Oregon, it could probably be a prosecuted as a DUI. In Oregon, it is a crime to drive a vehicle while under the influence of intoxicants. A vehicle is defined as "any device in, upon or by which any person or property is or may be transported or drawn upon a public highway and includes vehicles that are propelled or powered by any means." This definition likely applies to horse drawn buggies, although I can imagine an argument that buggies are not drawn by their own power. A DUI does not require a car in Oregon. It is possible to commit a DUI while riding a bicycle for example.
If this case were in Washington, it would not be a DUI. The law there requires a "motor vehicle." Since a horse drawn buggy does not have a motor, it could not fall under Washington's statute.
No matter what the State, you don't see too many cases like this.
