It may sound unusual, but it’s a real legal question: Can you get a DUI on a horse in California?
The answer is yes — you can be charged with a DUI while riding a horse, depending on the circumstances. However, whether that charge will ultimately hold up in court is a much more complex legal issue.
Most people assume a DUI is always a misdemeanor—but under California law, that’s not always true. While many first-time DUI cases are charged as misdemeanors, certain circumstances can elevate a DUI to a felony, carrying far more serious consequences. Understanding when and why this happens is critical, especially if you or a loved one is facing DUI charges.
When Is a DUI a Felony in California?
In California, a DUI becomes a felony when specific aggravating factors are present. Prosecutors typically charge DUI as a felony in the following situations:
- You have three or more prior DUI convictions within the past 10 years
- The DUI caused injury or death to another person
- You have a prior felony DUI conviction on your record
- You were driving under the influence and caused great bodily injury, triggering sentencing enhancements
These cases are prosecuted under California Vehicle Code sections 23152, 23153, and 23550–23566, depending on the facts involved.
Why Horseback Riding Can Be Charged as a DUI
The reason horseback riding can lead to a DUI charge comes from California Vehicle Code §21050.
This law states that:
A person riding an animal on a highway has the same rights and duties as the driver of a vehicle, except where a law clearly does not apply.
Because DUI laws apply to “drivers,” some police officers and prosecutors interpret §21050 to mean that horseback riders can be treated like vehicle operators, especially when riding on public roads.
As a result:
- People have been arrested and charged with DUI while riding horses in California
- Charges are more likely when riding occurs on public streets or highways
- Impairment that affects traffic safety increases enforcement risk
What Are the Elements of a Felony DUI?
To secure a felony DUI conviction, the prosecution must prove several legal elements beyond a reasonable doubt. These typically include:
- You were driving a motor vehicle
- You were under the influence of alcohol and/or drugs, or had a BAC of 0.08% or higher
- An aggravating factor existed, such as:
- In injury cases, the prosecution must also show:
Each element creates opportunities for legal defenses—especially when evidence is weak, procedures were violated, or causation is unclear.
What Are the Penalties for Felony DUI in California?
Felony DUI penalties are severe and can affect your freedom, finances, and future for years—or permanently.
Potential consequences include:
- State prison sentence (16 months to 4 years, or more in serious injury/death cases)
- Fines up to $5,000, plus court fees and assessments
- Driver’s license revocation for up to 4 years
- Habitual Traffic Offender (HTO) status
- Mandatory DUI school (18–30 months)
- Installation of an ignition interlock device (IID)
- Felony criminal record, impacting employment, housing, and professional licenses
In cases involving serious injury or death, penalties can increase dramatically due to sentencing enhancements.
Misdemeanor DUI vs. Felony DUI in California
| Category | Misdemeanor DUI | Felony DUI |
| Typical Scenario | First or second DUI, no injuries | 4th DUI, injury, death, or prior felony DUI |
| Jail / Prison | Up to 1 year in county jail | State prison (16 months–years) |
| Fines | Up to ~$2,000 (with fees) | Up to $5,000+ |
| License Consequences | Suspension (6–12 months) | Revocation (up to 4 years) |
| Criminal Record | Misdemeanor | Felony |
| Long-Term Impact | Serious but limited | Life-altering |
How Can We Help?
Felony DUI cases are complex, high-stakes, and aggressively prosecuted. Early intervention by an experienced California DUI defense attorney can make a critical difference.
Our firm can help by:
- Analyzing police reports, body cam footage, and chemical test accuracy
- Challenging unlawful stops, arrests, or testing procedures
- Negotiating for reduced charges or dismissals when possible
- Fighting to keep you out of state prison
- Protecting your driver’s license and future opportunities
We understand what’s on the line—and we build defense strategies designed to protect your freedom, not just resolve a case quickly.
Final Thoughts
A felony DUI charge is not something to face alone. The consequences are too serious, and the legal process is too complex. If you or someone you care about is facing a felony DUI accusation in California, time matters.
Contact us today for a confidential consultation and criminal defense in Los Angeles.
The sooner we get involved, the more options you may have to protect your future.
