Published on 1/6/2026, 11:11:00 AM
Can you get a DUI on a horse in Maryland?
Yes, it can happen in Maryland. If you are riding a horse (or driving a horse-drawn vehicle) while drunk or impaired, you can still end up charged under Maryland's DUI law.
The key is Transportation Article 21-104. It says that a person riding an animal or driving an animal-drawn vehicle on a roadway has the same rights and is subject to the same duties as the driver of a vehicle under Title 21, with a limited exception for provisions that "by their very nature cannot apply."
Since Maryland's impaired driving statute is part of Title 21, prosecutors can use Article 21-104 as the hook to apply those rules to a rider on a horse.
If you are dealing with an alcohol-related charge, start with our main Maryland DUI defense page and our overview of Maryland DUI vs. DWI.
The DUI law in Maryland is written around "driving a vehicle"
Maryland's core DUI law is Transportation Article 21-902. It prohibits driving or attempting to drive "any vehicle" while:
- Under the influence of alcohol (DUI)
- Under the influence of alcohol per se (the per se BAC offense)
- Impaired by alcohol (DWI)
Section 21-902 also covers impairment by drugs and controlled dangerous substances (CDS). Our site breaks down the different charging categories here: Types of DUI and DWI offenses in Maryland.
If you want to read the statute-focused page, see Maryland DUI Law Section 21-902.
The vehicle definition is broad, but it is not the only issue
The Transportation Article defines �vehicle� as �any device in, on, or by which any individual or property is or might be transported or towed on a highway,� with certain exceptions.
But Maryland does not leave horse riders out of the rules of the road. That is where Section 21-104 comes in.
What Section 21-104 does for horse riders and horse-drawn vehicles
Transportation Section 21-104 is a "rules of the road" statute. It says:
- If you are riding an animal or driving an animal-drawn vehicle on a roadway, you are subject to the duties required of a driver of a vehicle under Title 21, except provisions that cannot apply by their nature.
It also restricts where riding can happen on certain highways (for example, controlled access highways and certain divided highways), with county-specific exceptions.
Why this matters for DUI: Section 21-902 is a Title 21 duty. So even if someone wants to fight about whether a horse fits neatly into the "vehicle" definition, Section 21-104 gives the State a direct argument that the DUI duties still apply to a person riding on the roadway.
DUI enforcement is not limited to "on a highway"
Maryland's impaired-driving rules sit in Title 21, Subtitle 9. Subtitle 9 has an application section that says the subtitle applies throughout Maryland, whether on or off a highway.
That broad coverage matters in a lot of cases, including allegations that happen on private property. If that is your situation, read: Can You Get a DUI on Private Property in Maryland?.
A real-world example from our office
Attorney Luke Woods has defended a case where a person was charged with DUI after riding a horse while impaired.
We are keeping the facts anonymous, but the takeaway is simple: **do not assume "I wasn't in a car" means "I can't get a DUI." ** Under Section 21-104, the State can treat a rider like a driver for Title 21 duties.
If you need help fast, contact us here: FrizWoods contact page. You can also learn more about Luke here: Luke Woods.
What DUI and DWI mean in plain English
Maryland recognizes different levels of alcohol impairment. The pattern jury instructions explain the difference like this:
- DUI is the more serious offense and requires alcohol to have substantially impaired normal coordination.
- DWI is the less serious offense and requires impairment to some extent.
That distinction can matter in horse cases because the evidence may look different than a typical traffic stop (no engine, no keys, no breath test at the station in some situations).
For testing issues and defense ideas, see:
If you got stopped on a horse, what should you do next?
If police are investigating you for DUI or DWI while riding:
- Do not try to talk your way out of it. Be polite, but keep statements minimal.
- Do not guess about how much you drank. Those statements get used in court.
- Assume it is a normal DUI case from the State's point of view. The same charging statute applies.
- Call a lawyer early. Early help matters for video requests, witness follow-up, and preserving issues with the stop.
If your case involves �actual physical control� questions (for example, a parked vehicle scenario), you may also like: Can I get a DUI while parked?. The concept is different than horseback riding, but it shows how broadly DUI cases can be charged.
Penalties can be the same as a regular DUI
Because the charge is still Section 21-902, consider the penalties like you would in any other case:
- A first offense DUI can carry up to 1 year and up to $1,200 in fines.
- A first offense DWI can carry up to 2 months and up to $500 in fines.
If you have prior offenses, the stakes jump quickly. If that is you, read: Subsequent offender DUI penalties.
FAQs
Q: If I am on a horse, can police still charge me under the regular DUI statute?
A: Yes, it can happen. Maryland's DUI statute applies to driving or attempting to drive a vehicle, and Section 21-104 subjects people riding animals (and driving animal-drawn vehicles) on a roadway to the duties of drivers under Title 21.
Q: Is a horse literally a "vehicle� under Maryland's definition?
A: The statutory definition of "vehicle� focuses on a "device" used to transport people or property on a highway. In horse cases, the bigger issue is usually Section 21-104, which treats riders as subject to driver duties under Title 21.
Q: Does DUI law apply off-road or only on public streets?
A: Subtitle 9 (where Section 21-902 lives) applies throughout Maryland "whether on or off a highway." That's why DUI charges can come up in places like parking lots and other non-roadway areas too.
Q: What should I do if I got charged with DUI on a horse?
A: Treat it seriously and talk with a DUI lawyer right away. Start here: Maryland DUI defense, then call us through our contact page for a free consultation.
