Rider fights back against horseback DUI charge

POLK CITY, Fla. (WFLA/NBC News) – A Florida woman charged with DUI and animal neglect after allegedly riding her horse while drunk is fighting back against the charges.

While DUI’s are not an unusual offense to law enforcement, this case was.

A deputy spotted Donna Byrne apparently weaving after getting a call about a horse and rider on a busy road. The deputy stopped Byrne and gave her a field sobriety check. The deputy eventually arrested Byrne and took her horse into custody.

Byrne claims she was not drunk when she was stopped.

“They said I was slumped over in the saddle,” said Byrne. “I was scratching my leg.”

Attorney Craig Whisenhunt, now representing Byrne, believes the state might have a problem with this case. He says generally the DUI statute refers to a person operating a device, such as a car or a truck.

“Whatever this is, it isn’t a DUI,” said Whisenhunt. “By law, a horse rider on the side of the road is to be treated as a pedestrian and a pedestrian can’t readily be DUI. ”