People have been known for trying to beat a DUI charge in some rather creative ways, but their efforts are seldom (if ever) rewarded in court. If you're drinking, keep in mind that any of the following activities will still land you in legal hot water.
1.) Trying to share the blame.
There have been at least two cases where an intoxicated duo agreed to operate a vehicle together, with one person operating the wheel and the other manipulating the pedals. The theory (apparently reasoned out ahead of time and the motivator behind the stunt) in each case was that if they were caught on the road, neither was actually "driving" the vehicle.
That excuse won't work. While the wording of the laws varies from state to state, legislatures were canny enough to make the operation of a vehicle while under the influence of drugs or alcohol illegal. If you were in control of the vehicle in any way while you were intoxicated, even just grabbing the wheel from the passenger seat for a moment, that's drunk driving.
2.) Relying on a beast of burden.
You can't ride your horse home while intoxicated either, even if the horse does know its way home. While horse riding while intoxicated may not be specifically mentioned in your state's statutes, most state laws include wording that makes it illegal to ride any vehicle -- even those without a motor -- while intoxicated. While you may not consider a horse to be a vehicle, the courts generally do.
If you do decide to ride your horse home from the bar, you could also be opening yourself up to animal cruelty charges, especially if your horse happens to get injured on the way home by a passing car.
3.) Letting somebody else take the risk.
What happens if you know that you're too intoxicated to be driving, but your drinking buddy is willing to take the risk? If you turn your car keys over to your buddy and he or she happens to be over the legal limit, you can still find yourself facing a DUI charge even if you stayed in the passenger seat.
In at least one New Jersey case, the courts determined that giving your keys to someone who is drunk and letting them take the risk of getting caught driving is no different than driving yourself. Even if you don't end up with criminal charges, you could end up facing a civil lawsuit if someone, including your buddy, gets hurt in an accident after you turned over the keys.
DUI laws are generally designed to look out for the public good -- which is why courts are willing to apply them pretty broadly. Don't try to skirt them by being creative -- call a cab to get home instead. If you do end up making a mistake, contact an attorney like Jack Weatherill Law Offices right away to discuss your case.
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