Can You Get a DUI While Riding a Horse or Bicycle in South Dakota?
This morning while talking about the most impressive things people have seen in a bar, of which a man who opened a pair of non-twist top beer bottles with his eye sockets was the clear favorite, a another impressive thing brought up an interesting question.
Someone texted in that they knew someone who would ride their horse to the bar in the small town they lived outside of. Wondering aloud, Tasha asked if you can get a DUI while riding a horse? After much text reaction and speculation I found the real answer.
In the great state of South Dakota you specifically cannot be arrested for driving under the influence while riding a horse or a bicycle. It is exempted under SDCL 32-23-22:
32-23-22. Chapter not applicable to person riding animal or foot-pedal conveyance. The provisions of this chapter do not apply to any person who is riding:
(1) A horse or other animal; and
(2) A bicycle, tricycle, or other unpowered foot-pedal conveyance.
The law was enacted in 2006. The thinking was that it is a way for people to get home that is not nearly as dangerous to the public as driving a car or truck.
That doesn't exempt you from getting arrested for being drunk on a horse or bike completely. One could still be charged with disorderly conduct or something else.
In Minnesota the law is different. You cannot get a DUI on a bicycle but you can on a horse according to a 2013 article from the Star Tribune. The reason is that the DUI laws have to do with motor vehicles, which are defined as not using human power.