Last month, an Amish man who was driving a horse and buggy was charged with DUI in Lancaster County, Pennsylvania. The man was observed weaving between lanes and was found unconscious at and slumped over while holding the reigns at the time police made contact. I am not familiar with the DUI statutes in PA, but I would address whether a DUI conviction would stand in the Washington State given the same facts.
I have previously written about what constitutes a vehicle for purposes of being charged with Driving Under the Influence (DUI) in Washington.
You do not have to be driving an automobile in Washington to be convicted of DUi; you can be riding a bike. RCW 46.61.502, the Washington statute that defines Driving Under the Influence, begins:
(1) A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state. . .
"Vehicle" is defined in RCW 46.04.670:
"Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include power wheelchairs or devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks. (Emphasis added).
So since the Amish man was driving a horse and buggy, he could not be convicted of DUI under Washington law because the term, "vehicle" does not include devices moved by human or animal power other than bicycles.
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