In response to a recent December 16, 2006 post about a Man Charged with DUI while Riding a Horse in Kentucky, a reader asked on what legal grounds an officer could arrest a man on horseback for DUI. Essentially, Kentucky law (KRS 189.520) prohibits the operation of a non-motorized vehicle (a vehicle that is not a motor vehicle) while under the influence of intoxicants or substance which may impair a person’s driving ability.
In enforcing this law for individuals who had consumed alcohol, certain presumptions apply based on the results of the individuals blood as determined at the time of testing their blood, urine, or breath:
- if the alcohol concentration is less than 0.05, the law presumes that the defendant was not under the influence of alcohol;
- if the alcohol concentration is between 0.05 and 0.08, the results do not constitute a presumption that the individual was or was not under the influence of alcohol, but may be considered, together with other competent evidence, in determining the guilt or innocence of the defendant; and
- if the alcohol concentration is greater than 0.08, the law presumes that the individual was under the influence of alcohol.
While this law appears strange on its face, it is enforced by Kentucky Officers. It would appear to apply to impaired individuals under the influence of alcohol or intoxicants and who are riding horses, bicycles, skateboards, etc.
Post by Kentucky DUI Lawyer, Stephen J. Isaacs.
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